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Judgment of the Court of First Instance (Fifth Chamber) of 24 September 2008. # HUP Uslugi Polska sp. z o.o. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Invalidity proceedings - Community word mark ‘I.T.@MANPOWER’ - Absolute grounds for refusal - Distinctive character - Lack of descriptive character - No signs or indications which have become customary - Not a trade mark of such a nature as to deceive the public - Article 7(1)(b), (c), (d) and (g) and Article 51(1)(a) of Regulation (EC) No 40/94. # Case T-248/05.
ECLI:EU:T:2008:396
62005TJ0248
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(Case T-248/05)
Community trade mark – Invalidity proceedings – Community word mark ‘I.T.@MANPOWER’ – Absolute grounds for refusal – Distinctive character – Lack of descriptive character – No signs or indications which have become customary – Not a trade mark of such a nature as to deceive the public – Article 7(1)(b), (c), (d) and (g) and Article 51(1)(a) of Regulation (EC) No 40/94
Community trade mark – Surrender, revocation and invalidity – Absolute grounds of invalidity (Council Regulation No 40/94, Arts 7(1)(b) to (d) and (g) and 51(1)(a)) (see paras 43-45, 52-54, 60-63, 66-68)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 5 April 2005 (Case R 124/2004-4) concerning invalidity proceedings between MP Temporärpersonal GmbH and Manpower Inc.
Information relating to the case
Registered Community trade mark subject to an action for cancellation:
Word mark I.T.@MANPOWER for goods and services in Classes 9, 16, 35, 38, 41 and 42 – Community mark No 861559
Proprietor of the Community trade mark:
Manpower Inc.
Party applying for cancellation:
MP Temporärpersonal GmbH
Basis of the application for cancellation:
Article 51(1)(a) of Regulation No 40/94, in connection with Article 7(1)(b) to (d) and (g) of that regulation
Decision of the Cancellation Division:
Action for cancellation dismissed
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.Dismisses the action;
2.Orders HUP Uslugi Polska sp. z o.o. to pay the costs.