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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)
ECLI:EU:UNKNOWN:62007TA0080
62007TA0080
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Official Journal of the European Union
JUDGMENT OF 6. 3. 2025 – CASE C-41/24 WALTHAM ABBEY RESIDENTS ASSOCIATION
(Case T-80/07)
(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.