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Case C-553/08 P: Order of the Court (Eighth Chamber) of 2 December 2009 — Powerserv Personalservice GmbH, formerly Manpower Personalservice GmbH v Office for Harmonisation in the Internal Market (Trade marks and Designs), Manpower Inc. (Appeal — Community trade mark — Regulation (EC) No 40/94 — Articles 7(1)(c) and 51(1) and (2) — Invalidity proceedings — Cross Appeal — Community word mark MANPOWER — Absolute grounds for refusal — Descriptive character — Distinctive character acquired through use)
ECLI:EU:UNKNOWN:62008CB0553
62008CB0553
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27.2.2010
EN
Official Journal of the European Union
C 51/14
(Case C-553/08 P) (<span class="super">1</span>)
(Appeal - Community trade mark - Regulation (EC) No 40/94 - Articles 7(1)(c) and 51(1) and (2) - Invalidity proceedings - Cross Appeal - Community word mark MANPOWER - Absolute grounds for refusal - Descriptive character - Distinctive character acquired through use)
2010/C 51/22
Language of the case: German
Parties
Appellant: Powerserv Personalservice GmbH, formerly Manpower Personalservice GmbH (represented by: B. Kuchar, Rechtsanwältin)
Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade marks and Designs) (represented by: G. Schneider, Agent), and Manpower Inc. (represented by: A. Bryson, Barrister and V. Marsland, Solicitor)
Re:
Appeal brought against the judgment of the Court of First Instance (Fifth Chamber) of 15 October 2008 in Case T-405/05 Powerserv Personalservice v OHIM and Manpower by which the Court of First Instance dismissed the action for annulment brought by the appellant against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 22 July 2005 dismissing the appeal against the decision of the Cancellation Division refusing the application for a declaration of invalidity in respect of Community word mark ‘MANPOWER’ for goods in Classes 9, 16, 35, 41 and 42 — Incorrect assessment of the distinctive character of the mark — Failure to reassess the evidence relating to the acquisition of distinctive character through use, after extending the relevant public by comparison with the contested decision of the Board of Appeal
Operative part of the order
1.The main appeal brought by Powerserv Personalservice GmbH is dismissed.
2.The cross appeal brought by Manpower Inc. is dismissed.
3.Powerserv Personalservice GmbH is ordered to pay the costs.
(<span class="super">1</span>) OJ C 69, 21.3.2009.