Judgment of the Court of First Instance of 15 September 2009 - Wella v OHIM (TAME IT)
(Community trade mark - International registration − Request for territorial extension of protection − Word mark TAME IT - Absolute ground for refusal − Lack of distinctive character − Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009))
Language of the case: English
Parties
Applicant: Wella AG (Darmstadt, Germany) (represented by: B. Klingberg and K. Sandberg, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, acting as Agent)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 24 October 2007 (Case R 713/2007-2), relating to a territorial extension, to the European Community, of the protection in respect of the international registration of the word mark TAME IT
Operative part of the judgment
The Court:
Dismisses the action;
Orders Wella AG to pay the costs.
____________1 - OJ C 51, 23.2.2008.