Judgment of the Court of First Instance of 2 December 2008 - Ford Motor v OHIM (FUN)

(Case T-67/07) ¹

(Community trade mark - Application for Community word mark FUN - Absolute grounds for refusal - Lack of descriptive character - Article 7(1)(b) and (c) of Regulation (EC) No 40/94)

Language of the case: German

Parties

Applicant: Ford Motor Co. (Dearborn, Michigan, United States) (represented by: R. Ingerl, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Poch, Agent)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 20 December 2006 (Case R 1135/2006-2), concerning an application for registration of the Community word mark FUN.

Operative part of the judgment

The Court:

1.    Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 20 December 2006 (Case R 1135/2006 2);

2.    Orders OHIM to pay the costs.

____________

¹ - OJ C 95, 28.4.2007.