Judgment of the Court of First Instance (Seventh Chamber) of 23 October 2008 – Adobe v OHIM (FLEX)

(Case T-158/06)

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

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 45, 47-48, 56-57)

Re:

ACTION for annulment of the decision of the Second Board of Appeal of OHIM of 11 April 2006 (Case R 1430/2005-2) concerning registration of the Community trade mark FLEX No 3795011.

Information relating to the case

Applicant for the Community trade mark:	Adobe Systems Inc.
Community trade mark sought:	Word mark FLEX for goods and services in Classes 9, 38 and 42 – Application No 3795011
Decision of the examiner:	Refusal of registration
Decision of the Board of Appeal:	Appeal partially dismissed

Operative part

The Court:

1. Dismisses the action;

2. Orders Adobe Systems Inc. to pay the costs.