Judgment of the General Court (Eighth Chamber) of 8 September 2010 – Micro Shaping v OHIM (packaging)

(Case T-64/09)

Community trade mark – Application for Community figurative mark packaging – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009)

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 30-31, 44-45)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 11 December 2008 (Case R 1063/2008-1), concerning an application for registration of the figurative sign packaging as a Community trade mark.

Information relating to the case

Applicant for the Community trade mark:	Micro Shaping Ltd
Community trade mark sought:	Figurative mark packaging for goods and services in Classes 16, 17 and 42 – Application No 6354311
Decision of the Opposition Division:	Registration partially refused
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

1. Dismisses the action;

2. Orders Micro Shaping Ltd to pay the costs.