ECLI:EU:T:2008:396

Judgment of the Court of First Instance (Fifth Chamber) of 24 September 2008 – HUP Uslugi Polska v OHIM – Manpower (I.T.@MANPOWER) (Case T-248/05) Community trade mark – Invalidity proceedings – Community word mark ‘I.T.@MANPOWER’ – Absolute grounds for refusal – Distinctive character – Lack of descriptive character – No signs or indications which have become customary – Not a trade mark of such a nature as to deceive the public – Article 7(1)(b), (c), (d) and (g) and Article 51(1)(a) of Regulation (EC) No 40/94 Community trade mark – Surrender, revocation and invalidity – Absolute grounds of invalidity (Council Regulation No 40/94, Arts 7(1)(b) to (d) and (g) and 51(1)(a)) (see paras 43-45, 52-54, 60-63, 66-68) Re: ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 5 April 2005 (Case R 124/2004-4) concerning invalidity proceedings between MP Temporärpersonal GmbH and Manpower Inc. Information relating to the case Registered Community trade mark subject to an action for cancellation: Word mark I.T.@MANPOWER for goods and services in Classes 9, 16, 35, 38, 41 and 42 – Community mark No 861559 Proprietor of the Community trade mark: Manpower Inc. Party applying for cancellation: MP Temporärpersonal GmbH Basis of the application for cancellation: Article 51(1)(a) of Regulation No 40/94, in connection with Article 7(1)(b) to (d) and (g) of that regulation Decision of the Cancellation Division: Action for cancellation dismissed Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Dismisses the action; 2. Orders HUP Uslugi Polska sp. z o.o. to pay the costs.