ECLI:EU:T:2008:445

Judgment of the Court of First Instance (Seventh Chamber) of 15 October 2008 – TridonicAtco v OHIM (Intelligent Voltage Guard) (Case T-297/07) Community trade mark – Application for the Community figurative mark Intelligent Voltage Guard – Absolute grounds for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation(EC) No 40/94 1.                     Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Seperate examination of the grounds for refusal in relation to each of the products or services referred to in the application registration – Duty to state reasons for a refusal of registration (Council Regulation No 40/94, Art. 7(1)) (see para. 22) 2.                     Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 29-39) Re: ACTION brought against the decision of the Second Board of Appeal of OHIM of 31 May 2007 (Case R 108/2007-2) concerning an application to register the figurative mark Intelligent Voltage Guard as a Community trade mark. Information relating to the case Applicant for the Community trade mark: TridonicAtco GmbH & Co. KG Community trade mark sought: Figurative mark Intelligent Voltage Guard for goods in Classes 9 and 11 – Application No W874778 Decision of the examiner: Registration refused Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Dismisses the application; 2. Orders TridonicAtco & Co. KG to pay the costs.