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)
In Case T-183/03, Applied Molecular Evolution Inc., established in San Diego, California (United States), represented by A. Deutsch, laywer, and by M. Weber-Quitzau,applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by H. Nokkanen and A. Folliard-Monguiral, acting as Agents,defendant,
ACTION brought against the decision of the Second Board of Appeal of OHIM of 13 March 2003 (Case R 108/2002-2) upholding the refusal to register APPLIED MOLECULAR EVOLUTION as a word mark,THE COURT OF FIRST INSTANCE
OF THE EUROPEAN COMMUNITIES (Second Chamber),
gives the following
- annul the contested decision; - order OHIM to pay the costs.
- dismiss the action; - order the applicant to pay the costs.
On those grounds
THE COURT OF FIRST INSTANCE (Second Chamber)
hereby: 1. Dismisses the application; 2. Orders the applicant to pay the costs.
Pirrung |
Meij |
Forwood |
H. Jung |
J. Pirrung |
Registrar |
President |
1 - Language of the case: English.