Judgment of the General Court of 7 June 2011 - Psytech International v OHIM - Institute for Personality & Ability Testing (16PF)
(Community trade mark - Invalidity proceedings - Community word mark 16PF - Absolute grounds for refusal - Distinctive character - No descriptive character - No signs which have become customary - No bad faith - Article 7(1)(b) to (d) and Article 51(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) to (d) and Article 52(1)(b) of Regulation (EC) No 207/2009))
Language of the case: English
Parties
Applicant: Psytech International Ltd (Pulloxhill, United Kingdom) (represented by: N. Phillips, Solicitor and N. Saunders, Barrister)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervener before the General Court: Institute for Personality & Ability Testing, Inc. (Champaign, United States) (represented by: G. Hobbs QC and A. Chaudri, Solicitor)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 23 July 2008 (Case R 1012/2007-2), relating to invalidity proceedings between Psytech International Ltd and the Institute for Personality & Ability Testing, Inc.
Operative part of the order
The Court:
1. Dismisses the action;
2. Orders Psytech International Ltd to pay the costs.
____________1 - OJ C 19, 24.1.2009.