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Judgment of the Court of First Instance (Seventh Chamber) of 23 October 2008. # Adobe Systems Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for the Community word mark FLEX - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94. # Case T-158/06.
ECLI:EU:T:2008:460
62006TJ0158
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(Case T-158/06)
Community trade mark – Application for the Community word mark FLEX – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94
Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods (Council Regulation No 40/94, Art. 7(1)(c)) (see paras 45, 47-48, 56-57)
Re:
ACTION for annulment of the decision of the Second Board of Appeal of OHIM of 11 April 2006 (Case R 1430/2005-2) concerning registration of the Community trade mark FLEX No 3795011.
Information relating to the case
Applicant for the Community trade mark:
Community trade mark sought:
Word mark FLEX for goods and services in Classes 9, 38 and 42 – Application No 3795011
Decision of the examiner:
Refusal of registration
Decision of the Board of Appeal:
Appeal partially dismissed
Operative part
The Court:
1.Dismisses the action;
2.Orders Adobe Systems Inc. to pay the costs.