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Case T-462/05: Judgment of the Court of First Instance of 10 December 2008 — JTEKT v OHIM (IFS) (Community trade mark — Application for a Community word mark IFS — Absolute grounds for refusal — Not descriptive — Article 7(1)(c) of Regulation (EC) No 40/94)

ECLI:EU:UNKNOWN:62005TA0462

62005TA0462

January 1, 2005
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Valentina R., lawyer

Official Journal of the European Union

C 32/26

(Case T-462/05)

(Community trade mark - Application for a Community word mark IFS - Absolute grounds for refusal - Not descriptive - Article 7(1)(c) of Regulation (EC) No 40/94)

(2009/C 32/47)

Language of the case: English

Parties

Applicant: JTEKT Corp., formerly Toyoda Koki Kabushiki Kaisha (Aichi-ken, Japan) (represented by: initially by J. Wachinger and M. Zöbisch, and subsequently by M. De Zorti, M. Koch and T. Grimm, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 14 September 2005 (Case R 1157/2004-1) concerning an application to register the word mark IFS as a Community trade mark.

Operative part of the judgment

The Court:

1.Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 14 September 2005 (Case R 1157/2004-1);

2.Orders OHIM to bear its own costs and to pay those incurred by JTEKT Corp.

* * *

(<span class="super">1</span>) OJ C 74, 25.3.2006.

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