Community trade mark - Invalidity proceedings - Community word mark 16PF - Absolute grounds for refusal - Distinctive character - No descriptive character - No signs which have become customary - No bad faith - Article 7(1)(b) to (d) and Article 51(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) to (d) and Article 52(1)(b) of Regulation (EC) No 207/2009).

Judgment of the General Court (Second Chamber) of 7 June 2011 – Psytech International v OHIM – Institute for Personality & Ability Testing (16PF) (Case T-507/08) Community trade mark – Invalidity proceedings – Community word mark 16PF – Absolute grounds for refusal – Distinctive character – No descriptive character – No signs which have become customary – No bad faith – Article 7(1)(b) to (d) and Article 51(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) to (d) and Article 52(1)(b) of Regulation (EC) No 207/2009) 1.                     Community trade mark – Surrender, revocation and invalidity – Absolute grounds of invalidity – Registration contrary to Article 7(1)(b) to (d) of Regulation No 40/94 (Council Regulation No 40/94, Arts 7(1)(b) to (d) and 51(1)(a)) (see paras 32-35, 59-65, 78-79) 2.                     Community trade mark – Surrender, revocation and invalidity – Absolute grounds of invalidity – Applicant in bad faith at the time of lodging the trade mark application (Council Regulation No 40/94, Art. 51(1)(b)) (see paras 89-93) Re: ACTION brought against the decision of the Second Board of Appeal of OHIM of 23 July 2008 (Case R 1012/2007-2), relating to invalidity proceedings between Psytech International Ltd and the Institute for Personality & Ability Testing, Inc. Information relating to the case Registered Community trade mark of which cancellation sought: Word mark 16PF for goods and services in Classes 9, 16, 35, 41 and 42 – Community trade mark registration No 1892652 Proprietor of the Community trade mark: Institute for Personality & Ability Testing, Inc. Party requesting the declaration of invalidity of the Community trade mark: Psytech International Ltd Decision of the Cancellation Division: Application for cancellation dismissed Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1.Dismisses the action; 2.Orders Psytech International Ltd to pay the costs.