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Judgment of the General Court (Second Chamber) of 23 November 2011. # Geemarc Telecom International Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Invalidity proceedings - Community word mark AMPLIDECT - Absolute grounds for refusal - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 - Descriptive character - No distinctive character - Acquisition of distinctive character through use - Evidence. # Case T-59/10.
ECLI:EU:T:2011:690
62010TJ0059
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(Case T-59/10)
Community trade mark – Invalidity proceedings – Community word mark AMPLIDECT – Absolute grounds for refusal – Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 – Descriptive character – No distinctive character – Acquisition of distinctive character through use – Evidence
Community trade mark – Surrender, revocation and invalidity – Absolute grounds of invalidity – Registration contrary to Article 7(1)(b) and (c) of Regulation No 207/2009 – Exception – Acquisition of distinctive character through use (Council Regulation No 207/2009, Arts 7(1)(b) and (c), and 52(1)(a)) (see paras 34-35, 67, 69, 81)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 20 November 2009 (Case R 913/2009-2), relating to invalidity proceedings between Audioline GmbH and Geemarc Telecom International Ltd.
Operative part
The Court:
1.Dismisses the action;
2.Orders Geemarc Telecom International Ltd to pay the costs.