Judgment of the Court of First Instance (Sixth Chamber) of 10 October 2008 – Inter-Ikea v OHIM (Representation of a pallet)

(Joined Cases T-387/06 to T-390/06)

Community trade mark – Application for registration of figurative Community trade mark representing a pallet – Absolute ground for refusal – Article 7(1)(b) of Regulation (EC) No 40/94

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 31, 34-45)

Re:

ACTIONS brought against four decisions of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 26 September 2006 (R 353/2006‑1, R 354/2006‑1, R 355/2006‑1 and R 356/2006‑1) concerning applications for the registration of four figurative trade marks consisting of graphic representations of a pallet.

Information relating to the case

Applicant for the Community trade marks:	Inter-Ikea Systems BV
Community trade marks sought:	Figurative marks representing a pallet, for goods and services in Classes 6, 7, 16, 20, 35, 39 and 42 — Application Nos 4073763, 4073731, 4073748 and 4073722
Decision of the examiner:	Registration refused
Decisions of the Board of Appeal:	Appeals dismissed

Operative part

The Court:

1. Annuls the decisions of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 26 September 2006 (R 353/2006-1, R 354/2006-1, R 355/2006‑1 and R 356/2006-1) in so far as registration of the marks applied for was refused in respect of goods and services in Classes 6, 7, 16, 20, 35, 39 and 42 of the Nice Agreement concerning the International Classification of Goods and Services for the Purpose of the Registration of Marks of 15 June 1957, as revised and amended to the exclusion of ‘loading pallets of metal’, ‘loading carriers and loading pallets of metal for packaging and transportation purposes’ and ‘metal transport pallets’, in Class 6; ‘goods pallets not of metal’, ‘loading pallets and loading carriers not of metal for packaging and transportation purposes’ and ‘transport pallets not of metal’, in Class 20; and ‘rental of loading pallets’ services, in Class 39;

2. Dismisses the actions as to the remainder;

3. Orders each party to bear its own costs.