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7.2.2009 |
EN |
Official Journal of the European Union |
C 32/26 |
Judgment of the Court of First Instance of 10 December 2008 — JTEKT v OHIM (IFS)
(Case T-462/05) (1)
(Community trade mark - Application for a Community word mark IFS - Absolute grounds for refusal - Not descriptive - Article 7(1)(c) of Regulation (EC) No 40/94)
(2009/C 32/47)
Language of the case: English
Parties
Applicant: JTEKT Corp., formerly Toyoda Koki Kabushiki Kaisha (Aichi-ken, Japan) (represented by: initially by J. Wachinger and M. Zöbisch, and subsequently by M. De Zorti, M. Koch and T. Grimm, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 14 September 2005 (Case R 1157/2004-1) concerning an application to register the word mark IFS as a Community trade mark.
Operative part of the judgment
The Court:
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1. |
Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 14 September 2005 (Case R 1157/2004-1); |
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2. |
Orders OHIM to bear its own costs and to pay those incurred by JTEKT Corp. |