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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)
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 24-29, 41-47)
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.
Applicant for the Community trade mark:
Community trade mark sought:
National word mark ‘BUILT TO RESIST’ for goods and services in Classes 16, 18 and 25 – Application No 2937522
Decision of the examiner:
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
The Court:
Dismisses the action;
Orders JanSport Apparel Corp. to pay the costs.