Judgment of the General Court of 27 June 2013 – International Engine Intellectual Property Company v OHIM (PURE POWER)

(Case T-248/11) ¹

(Community trade mark – Application for the Community word mark PURE POWER – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009)

Language of the case: English

Parties

Applicant: International Engine Intellectual Property Company, LLC (Warrenville, Illinois, United States) (represented by: C. Thomas and B. Reiter, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, Agent)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 15 February 2011 (Case R 2310/2010-2), relating to an application for registration of the word sign PURE POWER as a Community trade mark.

Operative part of the judgment

The Court:

1.    Dismisses the action;

2.    Orders each party to bear its own costs.

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¹     OJ C 211, 16.7.2011.