Judgment of the General Court (Third Chamber) of 21 September 2011 – Nike International v OHIM (DYNAMIC SUPPORT)

(Case T-512/10)

Community trade mark – Application for Community word mark DYNAMIC SUPPORT – Absolute ground for refusal – Descriptive character – 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 207/2009, Art. 7(1)(c)) (see paras 17, 25)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 25 August 2010 (Case R 640/2010-4), concerning an application for registration of the word sign DYNAMIC SUPPORT as a Community trade mark.

Operative part

The Court:

1. Dismisses the action;

2. Orders Nike International Ltd to pay the costs.