Judgment of the General Court (Third Chamber) of 22 November 2011 – mPAY24 v OHIM – Ultra (MPAY24)

(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.