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Judgment of the General Court (Third Chamber) of 22 November 2011. # mPAY24 GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Invalidity proceedings - Community word mark MPAY24 - Absolute grounds for refusal - Descriptive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 - Correction of the decision by the Board of Appeal - Non-existent act - Rule 53 of Regulation (EC) No 2868/95. # Case T-275/10.
ECLI:EU:T:2011:683
62010TJ0275
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(Case T-275/10)
Community trade mark – Invalidity proceedings – Community word mark MPAY24 – Absolute grounds for refusal – Descriptive character – Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 – Correction of the decision by the Board of Appeal – Non-existent act – Rule 53 of Regulation (EC) No 2868/95
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 207/2009, Art. 7(1)(c)) (see paras 42, 50-51, 58-60)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 22 March 2010 (Case R 1102/2008‑1) concerning invalidity proceedings between Ultra d.o.o. Proizvodnja elektronskih naprav and mPAY24 GmbH.
Operative part
The Court:
1.Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 22 March 2010 (Case R 1102/2008‑1);
2.Orders OHIM to pay the costs.