CELEX: 62007TA0080
Language: en
Date: 2009-09-16 00:00:00
Title: Case T-80/07: Judgment of the Court of First Instance of 16 September 2009 — JanSport Apparel v OHIM (BUILT TO RESIST) (Community trade mark — Application for the Community word mark BUILT TO RESIST — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009)

7.11.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 267/56
            
         Judgment of the Court of First Instance of 16 September 2009 — JanSport Apparel v OHIM (BUILT TO RESIST)
   (Case T-80/07) (1)
   
   (Community trade mark - Application for the Community word mark BUILT TO RESIST - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009)
   2009/C 267/96
   Language of the case: English
   
      Parties
   
   
      Applicant: JanSport Apparel Corp. (Wilmington, Delaware, United States) (represented by: C. Bercial Arias, C. Casalonga and K. Dimidjian-Lecompte, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Laitinen initially, and subsequently by O. Mondéjar Ortuño, acting as Agents)
   
      Re:
   
   Action brought against the decision of 12 January 2007 of the Second Board of Appeal of OHIM (Case R 1090/2006-2) concerning an application for registration of the word mark BUILT TO RESIST as a Community trade mark.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders JanSport Apparel Corp. to pay the costs.
            
         
      (1)  OJ C 95, 28.4.2007.