Judgment of the General Court of 12 April 2011 - Fuller & Thaler Asset Management v OHIM (BEHAVIOURAL INDEXING and BEHAVIOURAL INDEX)
(Cases T-310/09 and T-383/09) 1 (Community trade mark - Applications for Community word marks BEHAVIOURAL INDEXING and BEHAVIOURAL INDEX - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009)
Language of the case: English
Parties
Applicant: Fuller & Thaler Asset Management, Inc. (San Mateo, United States) (represented by: S. Malynicz, Barrister)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, acting as Agent)
Re:
ACTIONS brought, in Case T-310/09, against the decision of the Grand Board of Appeal of OHIM of 28 April 2009 (Case R 323/2008-G) concerning an application for registration of the word sign BEHAVIOURAL INDEXING as a Community trade mark and, in Case T-383/09, against the decision of the First Board of Appeal of OHIM of 11 June 2009 (Case R 138/2009-1) concerning an application for registration of the word sign BEHAVIOURAL INDEX as a Community trade mark.
Operative part of the judgment
The Court:
1. Orders that Cases T-310/09 and T-383/09 be joined for the purposes of the present judgment;
2. Dismisses the applications;
3. Orders Fuller & Thaler Asset Management, Inc., in Cases T-310/09 and T-383/09, to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
____________1 - OJ C 244, 10.10.2009.