Judgment of the General Court (Second Chamber) of 16 December 2010 – Ilink Kommunikationssysteme v OHIM (ilink)

(Case T-161/09)

Community trade mark – Application for Community word mark ilink – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009)

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 40/94, Art. 7(1)(c)) (see paras 27, 36-37, 48)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 5 February 2009 (Case R 1849/2007-4), relating to registration of the word sign ‘ilink’ as a Community trade mark.

Information relating to the case

Applicant for the Community trade mark:	Ilink Kommunikationssysteme GmbH
Community trade mark sought:	Word mark ilink for goods and services in Classes 9, 16, 38 and 42 – Application No 5120911
Decision of the examiner:	Registration refused in part
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

1. Dismisses the action;

2. Orders Ilink Kommunikationssysteme GmbH to pay the costs.