Judgment of the General Court of 5 October 2011 - PAKI Logistics v OHIM (PAKI)
(Community trade mark - Application for the Community word mark PAKI - Absolute ground for refusal - Trade mark contrary to public policy or to accepted principles of morality - Article 7(1)(f) of Regulation (EC) No 207/209)
Language of the case: German
Parties
Applicant: PAKI Logistics (Ennepetal, Germany) (represented by M. Bergermann, P. Mes, C. Graf von der Groeben, G. Rother, J. Bühling, A. Verhauwen, J. Künzel, D. Jestaedt and J. Vogtmeier, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by G. Schneider, Agent)
Intervener in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented initially by S. Behzadi-Spencer and subsequently by F. Penlington, Agents, assisted by S. Malynicz, Barrister)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 23 October 2009 (Case R 1805/2007-1), concerning an application for registration of the word sign PAKI as a Community trade mark.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders PAKI Logistics GmbH to bear its own costs and those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM);
3. Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs.
____________1 - OJ C 80, 27.3.2010.