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Judgment of the Court of First Instance (Eighth Chamber) of 2 April 2008. # Eurocopter SAS v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for Community word mark STEADYCONTROL - Absolute grounds for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94. # Case T-181/07.
ECLI:EU:T:2008:86
62007TJ0181
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(Case T-181/07)
Community trade mark – Application for Community word mark STEADYCONTROL – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94
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 46, 50, 55)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 12 March 2007 (Case R 8/2006-4) concerning an application for registration of the word mark STEADYCONTROL as a Community trade mark.
Information relating to the case
Applicant for the Community trade mark:
Community trade mark sought:
Word mark STEADYCONTROL for goods in Classes 9, 12 and 38 – Application No 3560935
Decision of the examiner:
Registration partially refused for goods in Classes 9 and 12
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.Dismisses the application;
2.Orders Eurocopter SAS to pay the costs.