Judgment of the Court of First Instance (Third Chamber) of 17 October 2007 – InterVideo v OHIM (WinDVD Creator)

(Case T-105/06)

Community trade mark – Application for Community figurative mark WinDVD Creator – Absolute grounds for refusal – Articles 4 and 7(1)(b) and (c) of Regulation (EC) No 40/94

1.                     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 46, 52)

2.                     Community trade mark – Procedural provisions (Council Regulation No 40/94, Art. 74(1)) (see paras 41-42)

Re:

ACTION against the decision of the Second Board of Appeal of OHIM of 31 January 2006 (Case R 987/2005-2), relating to registration of the figurative sign WinDVD Creator as a Community trade mark.

Information relating to the case

Applicant for the Community trade mark:	InterVideo Inc.
Community trade mark sought:	Figurative mark WindDVD Creator for goods in Class 9 – Application No 4106936
Decision of the Examiner:	Refusal of registration
Decision of the Board of Appeal:	Appeal dismissed

Operative part:

The Court:

1. Dismisses the action;

2. Orders InterVideo Inc. to pay the costs.