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Judgment of the General Court (Second Chamber) of 7 June 2011. # Psytech International Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Invalidity proceedings - Community word mark 16PF - Absolute grounds for refusal - Distinctive character - No descriptive character - No signs which have become customary - No bad faith - Article 7(1)(b) to (d) and Article 51(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) to (d) and Article 52(1)(b) of Regulation (EC) No 207/2009). # Case T-507/08.
ECLI:EU:T:2011:253
62008TJ0507
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(Case T-507/08)
Community trade mark – Invalidity proceedings – Community word mark 16PF – Absolute grounds for refusal – Distinctive character – No descriptive character – No signs which have become customary – No bad faith – Article 7(1)(b) to (d) and Article 51(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) to (d) and Article 52(1)(b) of Regulation (EC) No 207/2009)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 23 July 2008 (Case R 1012/2007-2), relating to invalidity proceedings between Psytech International Ltd and the Institute for Personality & Ability Testing, Inc.
Information relating to the case
Registered Community trade mark of which cancellation sought:
Word mark 16PF for goods and services in Classes 9, 16, 35, 41 and 42 – Community trade mark registration No 1892652
Proprietor of the Community trade mark:
Institute for Personality & Ability Testing, Inc.
Party requesting the declaration of invalidity of the Community trade mark:
Decision of the Cancellation Division:
Application for cancellation dismissed
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
Dismisses the action;
Orders Psytech International Ltd to pay the costs.