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Judgment of the Court of First Instance (Sixth Chamber) of 11 June 2009. # ERNI Electronics GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for a three-dimensional Community trade mark - Shape of tweezers - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009). # Case T-132/08.
ECLI:EU:T:2009:200
62008TJ0132
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(Case T-132/08)
Community trade mark – Application for the Community word mark MaxiBridge – Absolute ground for refusal – Descriptiveness of the function of the goods indicated in the trade mark application – 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 34, 47-50)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 30 January 2008 (Case R 1530/2006-4) regarding the registration of the word sign MaxiBridge as a Community trade mark.
Information relating to the case
Applicant for the Community trade mark:
Community trade mark sought:
Word mark ‘MaxiBridge’ for goods and services in Classes 9 and 17 – Application No 4899647
Decision of the Examiner:
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.Dismisses the action;
2.Orders ERNI Electronics GmbH to pay the costs.