Judgment of the Court of First Instance of 12 September 2007 - ColArt/Americas/OHIM (BASICS)
(Community trade mark - Application for the Community word mark BASICS - Absolute grounds for refusal - Lack of distinctive character - Descriptive mark - Article 7(1)(b) and (c) of Regulation (EC) No 40/94 - Distinctive character acquired through use - Article 7(3) of Regulation No 40/94)
Language of the case: English
Parties
Applicant: ColArt/Americas, Inc (Piscataway, New Jersey, United States) (represented by: E. Soler Borda and R. Zeineh, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
Re:
Application for annulment of the decision of the Fourth Board of Appeal of OHIM of 7 April 2006 (Case R 788/2005-4) refusing to register the word mark BASICS as a Community trade mark.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders ColArt/Americas, Inc. to pay the costs.
____________1 - OJ C 190, 12.8.2006.