Judgment of the Court of First Instance (Fourth Chamber) of 12 September 2007 – ColArt/Americas v OHIM (BASICS)

(Case T-164/06)

Community trade mark – Application for the Community word mark BASICS – Absolute grounds for refusal – Lack of distinctive character – Descriptive mark – Article 7(1)(b) and (c) of Regulation (EC) No 40/94 – Distinctive character acquired through use – Article 7(3) of Regulation No 40/94

1.                     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 24-25) (see paras 24-25)

2.                     Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Exception – Acquisition of distinctive character through use (Council Regulation No 40/94, Art. 7(3)) (see paras 45-47, 53)

Re:

APPLICATION for annulment of the decision of the Fourth Board of Appeal of OHIM of 7 April 2006 (Case R 788/2005-4), refusing to register the word mark BASICS as a Community trade mark.

Information relating to the case

Applicant for the Community trade mark:	ColArt/Americas, Inc.
Community trade mark sought:	Word mark BASICS for goods in Class 2 – Application No 2433613
Decision of the Examiner:	Refusal of registration
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

1. Dismisses the appeal;

2. Orders ColArt/Americas, Inc. to pay the costs.