ECLI:EU:T:2003:327

«(Community trade mark – Regulation (EC) No 40/94 – Absolute grounds for refusal – Descriptive mark – Distinctive character acquired through use – Word mark TDI – Right to be heard – Scope of the duty to state reasons – Consequences of a breach of the duty to state reasons)» Summary of the Judgment 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 a product – Word mark TDI(Council Regulation No 40/94, Art. 7(1)(c)) 2.. Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Lack of distinctive character – Exception – Acquisition through use – Conditions (Council Regulation No 40/94, Art. 7(3)) 3.. Community trade mark – Appeals procedure – Appeals before the Community judicature – Legality of decisions of the Boards of Appeal – Challenged by adducing new facts – Condition of admissibility (Council Regulation No 40/94, Art. 63(2)) 4.. Community trade mark – Decisions of the Office – Compliance with defence rights – Scope of the principle (Council Regulation No 40/94, Art. 73) 5.. Community trade mark – Appeals procedure – Appeals against a decision of a department of the Office ruling at first instance and submitted to the Board of Appeal – Continuity in terms of functions between these two authorities – Duties falling on the Board of Appeal – Scope (Council Regulation No 40/94, Art. 74(2)) 6.. Community trade mark – Appeals procedure – Appeals before the Community judicature – Legal interest in bringing proceedings – Plea concerning the infringement of essential procedural requirements – Circumscribed powers of the Office – No interest in bringing proceedings (Council Regulation No 40/94, Art. 63) JUDGMENT OF THE COURT OF FIRST INSTANCE (Second Chamber)3 December 2003 (1) ((Community trade mark – Regulation (EC) No 40/94 – Absolute grounds for refusal – Descriptive mark – Distinctive character acquired through use – Word mark TDI – Right to be heard – Scope of the duty to state reasons – Consequences of a breach of the duty to state reasons)) applicant, v defendant, THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Second Chamber), having regard to the application lodged at the Registry of the Court of First Instance on 30 January 2002,having regard to the response of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) lodged at the Registry of the Court of First Instance on 21 May 2002,further to the hearing on 13 May 2003, gives the following On those grounds, THE COURT OF FIRST INSTANCE (Second Chamber) Forwood Pirrung Meij H. Jung J. Pirrung Registrar President 1 – Language of the case: German.