Judgment of the Court of First Instance (Sixth Chamber) of 11 June 2009 – ERNI Electronics v OHIM (MaxiBridge)
(Case T-132/08)
Community trade mark – Application for the Community word mark MaxiBridge – Absolute ground for refusal – Descriptiveness of the function of the goods indicated in the trade mark application – Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(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 40/94, Art. 7(1)(c)) (see paras 34, 47-50)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 30 January 2008 (Case R 1530/2006-4) regarding the registration of the word sign MaxiBridge as a Community trade mark. |
Information relating to the case
Applicant for the Community trade mark: | ERNI Electronics GmbH |
Community trade mark sought: | Word mark ‘MaxiBridge’ for goods and services in Classes 9 and 17 – Application No 4899647 |
Decision of the Examiner: | Registration refused |
Decision of the Board of Appeal: | Appeal dismissed |
Operative part
The Court:
2. | | Orders ERNI Electronics GmbH to pay the costs. |