Judgment of the Court of First Instance of 20 January 2009 - Pioneer Hi-Bred International v OHIM (OPTIMUM)
(Community trade mark - Application for the Community word mark OPTIMUM - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 - Obligation to state reasons - Examination of the facts of OHIM's own motion - Articles 73 and 74(1) of Regulation No 40/94)
Language of the case: English
Parties
Applicant: Pioneer Hi-Bred International, Inc. (Johnston, Iowa, United States) (represented by: G. Würtenberger, R. Kunze and T. Wittmann, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, acting as Agent)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 11 September 2007 (Case R 288/2007-2), concerning an application for registration of the word sign OPTIMUM as a Community trade mark
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Pioneer Hi-Bred International, Inc. to pay the costs.
____________1 - OJ C 8, 12.1.2008.