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Judgment of the Court of First Instance (Second Chamber) of 20 January 2009. # Pioneer Hi-Bred International, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for the Community word mark OPTIMUM - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 - Obligation to state reasons - Examination of the facts of OHIM’s own motion - Articles 73 and 74(1) of Regulation No 40/94. # Case T-424/07.
ECLI:EU:T:2009:9
62007TJ0424
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(Case T-424/07)
Community trade mark – Application for the Community word mark OPTIMUM – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 – Obligation to state reasons – Examination of the facts of OHIM’s own motion – Articles 73 and 74(1) of Regulation No 40/94
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 11 September 2007 (Case R 288/2007-2), concerning an application for registration of the word sign OPTIMUM as a Community trade mark.
Information relating to the case
Applicant for the Community trade mark:
Community trade mark sought:
Word mark OPTIMUM for goods in Class 1 – Application No 4893053
Decision of the examiner:
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.Dismisses the action;
2.Orders Pioneer Hi-Bred International, Inc. to pay the costs.