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Judgment of the Court of First Instance (Seventh Chamber) of 15 October 2008. # TridonicAtco GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for the Community figurative mark Intelligent Voltage Guard - Absolute grounds for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation(EC) No 40/94. # Case T-297/07.
ECLI:EU:T:2008:445
62007TJ0297
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(Case T-297/07)
Community trade mark – Application for the Community figurative mark Intelligent Voltage Guard – Absolute grounds for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation(EC) No 40/94
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 31 May 2007 (Case R 108/2007-2) concerning an application to register the figurative mark Intelligent Voltage Guard as a Community trade mark.
Information relating to the case
Applicant for the Community trade mark:
Community trade mark sought:
Figurative mark Intelligent Voltage Guard for goods in Classes 9 and 11 – Application No W874778
Decision of the examiner:
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.Dismisses the application;
2.Orders TridonicAtco & Co. KG to pay the costs.