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Judgment of the General Court (Fourth Chamber) of 12 April 2011. # Fuller & Thaler Asset Management, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Applications for Community word marks BEHAVIOURAL INDEXING and BEHAVIOURAL INDEX - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009. # Cases T-310/09 and T-383/09.
ECLI:EU:T:2011:157
62009TJ0310
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(Cases T-310/09 and T-383/09)
Community trade mark – Applications for Community word marks BEHAVIOURAL INDEXING and BEHAVIOURAL INDEX – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 207/2009
Re:
ACTIONS brought, in Case T-310/09, against the decision of the Grand Board of Appeal of OHIM of 28 April 2009 (Case R 323/2008‑G) concerning an application for registration of the word sign BEHAVIOURAL INDEXING as a Community trade mark and, in Case T-383/09, against the decision of the First Board of Appeal of OHIM of 11 June 2009 (Case R 138/2009‑1) concerning an application for registration of the word sign BEHAVIOURAL INDEX as a Community trade mark.
Information relating to the case
Applicant for the Community trade mark:
Community trade mark sought:
Word marks BEHAVIOURAL INDEXING and BEHAVIOURAL INDEX for goods and services in classes 9 and 36 – Applications Nos 5785456 and 5785092
Decision of the examiner:
Registrations refused
Decision of the Board of Appeal:
Appeals dismissed
Operative part
The Court:
1.Orders that Cases T‑310/09 and T‑383/09 be joined for the purposes of the present judgment;
2.Dismisses the applications;
3.Orders Fuller & Thaler Asset Management, Inc., in Cases T‑310/09 and T‑383/09, to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).