Judgment of the General Court (Second Chamber) of 23 November 2011 – Geemarc Telecom v OHIM – Audioline (AMPLIDECT)

(Case T-59/10)

Community trade mark – Invalidity proceedings – Community word mark AMPLIDECT – Absolute grounds for refusal – Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 – Descriptive character – No distinctive character – Acquisition of distinctive character through use – Evidence

Community trade mark – Surrender, revocation and invalidity – Absolute grounds of invalidity – Registration contrary to Article 7(1)(b) and (c) of Regulation No 207/2009 – Exception – Acquisition of distinctive character through use (Council Regulation No 207/2009, Arts 7(1)(b) and (c), and 52(1)(a)) (see paras 34-35, 67, 69, 81)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 20 November 2009 (Case R 913/2009-2), relating to invalidity proceedings between Audioline GmbH and Geemarc Telecom International Ltd.

Operative part

The Court:

1. Dismisses the action;

2. Orders Geemarc Telecom International Ltd to pay the costs.