Niet flex

GvEA, 23 oktober 2008, zaak T-158/06, Adobe Systems Inc tegen OHIM (Nederlandse vertaling nog niet beschikbaar)

Gemeenschapsmerk. Terechte gedeeltelijke weigering beschrijvend woordmerk FLEX (klassen 9, 38 en 42 computerproducten en –diensten). Inschrijving in USA en Canada zijn niet relevant.

“37. In the first place, it must be recalled that this action is an application for partial annulment of the contested decision, in so far as the Board of Appeal rejected the appeal against the examiner’s decision in respect of goods other than ‘computer hardware; computer peripherals and data processing equipment’ in Class 9 and in respect of all the services included in Class 42, that is, in so far as it approved the examiner’s decision.

(…) 56. In the light of the foregoing, it must be held that the Board of Appeal was right to conclude that the examiner’s decision should be upheld in so far as it refused the Community trade mark application for the products apart from ‘computer hardware; computer peripherals and data processing equipment’ in Class 9 and for all the services designated in Class 42. None of the applicant’s arguments can invalidate the Board of Appeal’s finding that there was a sufficiently direct and tangible relationship between the meaning of the word ‘flex’ as a ‘real-time computer language’ and the abovementioned goods and services, for the purpose of the case-law cited in paragraph 41 of this judgment.”

Lees het arrest hier.