Judgment of the Court of First Instance (Eighth Chamber) of 2 April 2008 – Eurocopter v OHIM (STEADYCONTROL)

(Case T-181/07)

Community trade mark – Application for Community word mark STEADYCONTROL – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94

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 46, 50, 55)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 12 March 2007 (Case R 8/2006-4) concerning an application for registration of the word mark STEADYCONTROL as a Community trade mark.

Information relating to the case

Applicant for the Community trade mark:	Eurocopter SAS
Community trade mark sought:	Word mark STEADYCONTROL for goods in Classes 9, 12 and 38 – Application No 3560935
Decision of the examiner:	Registration partially refused for goods in Classes 9 and 12
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

1. Dismisses the application;

2. Orders Eurocopter SAS to pay the costs.