Judgment of the General Court (Third Chamber) of 22 November 2011 – LG Electronics v OHIM (DIRECT DRIVE)

(Case T-561/10)

Community trade mark – Application for Community word mark DIRECT DRIVE – Absolute grounds for refusal – Descriptive character and lack of distinctive character – Article 7(1)(b) and (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 20, 24-25)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 22 September 2010 (Case R 1027/2010‑2), relating to an application for registration of the word sign DIRECT DRIVE as a Community trade mark.

Operative part

The Court:

1. Dismisses the action;

2. Orders LG Electronics, Inc. to pay the costs.