ECLI:EU:T:2004:263

Case T-183/03 Applied Molecular Evolution, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark – Word mark APPLIED MOLECULAR EVOLUTION – Absolute grounds for refusal – Article 7(1)(c) of Regulation (EC) No 40/94 – Descriptive sign) Judgment of the Court of First Instance (Second Chamber), 14 September 2004 Summary of the Judgment 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 the goods – Word mark ‘APPLIED MOLECULAR EVOLUTION’ (Council Regulation No 40/94, Art. 7(1)(c)) From the point of view of the relevant public, which is composed of the relevant specialist consumers in the field of protein engineering, the word mark APPLIED MOLECULAR EVOLUTION may serve to designate, within the meaning of Article 7(1)(c) of Regulation 40/94 on the Community trade mark, one of the essential services referred to in the trade mark application. The relevant public, which is particularly well informed, will be able, without special effort, to associate the words ‘molecular evolution’ with the field of genetic material, a field included in the services claimed. The word ‘applied’ reinforces the descriptiveness of those words. The fact that the words can have another connotation does not mean that they are not descriptive in relation to the services claimed. Furthermore, as the word mark at issue as a whole is composed of a combination of words that conforms to English syntax, the association of those words cannot diminish their descriptiveness. (see paras 23, 27-28) JUDGMENT OF THE COURT OF FIRST INSTANCE (Second Chamber)14 September 2004(1) (Community trade mark – Word mark APPLIED MOLECULAR EVOLUTION – Absolute grounds for refusal – Article 7(1)(c) of Regulation (EC) No 40/94 – Descriptive sign) applicant, v defendant, THE COURT OF FIRST INSTANCEOF THE EUROPEAN COMMUNITIES (Second Chamber), gives the following On those grounds THE COURT OF FIRST INSTANCE (Second Chamber) Pirrung Meij Forwood H. Jung J. Pirrung Registrar President 1 – Language of the case: English.