ECLI:EU:T:2009:332

Judgment of the Court of First Instance (Fifth Chamber) of 16 September 2009 – JanSport Apparel v OHIM (BUILT TO RESIST) (Case T-80/07) Community trade mark – Application for the Community word mark BUILT TO RESIST – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009) 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 goods (Council Regulation No 40/94, Art. 7(1)(c)) (see paras 24-29, 41-47) Re: ACTION brought against the decision of 12 January 2007 of the Second Board of Appeal of OHIM (Case R 1090/2006-2) concerning an application for registration of the word mark BUILT TO RESIST as a Community trade mark. Information relating to the case Applicant for the Community trade mark: JanSport Apparel Corp. Community trade mark sought: National word mark ‘BUILT TO RESIST’ for goods and services in Classes 16, 18 and 25 – Application No 2937522 Decision of the examiner: Registration refused Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1.      Dismisses the action; 2.      Orders JanSport Apparel Corp. to pay the costs.