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Judgment of the Court of First Instance (Fourth Chamber) of 12 September 2007. # ColArt/Americas, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for the Community word mark BASICS - Absolute grounds for refusal - Lack of distinctive character - Descriptive mark - Article 7(1)(b) and (c) of Regulation (EC) No 40/94 - Distinctive character acquired through use - Article 7(3) of Regulation No 40/94. # Case T-164/06.
ECLI:EU:T:2007:274
62006TJ0164
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(Case T-164/06)
Community trade mark – Application for the Community word mark BASICS – Absolute grounds for refusal – Lack of distinctive character – Descriptive mark – Article 7(1)(b) and (c) of Regulation (EC) No 40/94 – Distinctive character acquired through use – Article 7(3) of Regulation No 40/94
Re:
APPLICATION for annulment of the decision of the Fourth Board of Appeal of OHIM of 7 April 2006 (Case R 788/2005-4), refusing to register the word mark BASICS as a Community trade mark.
Information relating to the case
Applicant for the Community trade mark:
Community trade mark sought:
Word mark BASICS for goods in Class 2 – Application No 2433613
Decision of the Examiner:
Refusal of registration
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.Dismisses the appeal;
2.Orders ColArt/Americas, Inc. to pay the costs.