«(Community trade mark – Word mark ROBOTUNITS – Absolute grounds for refusal – Article 7(1)(c) of Regulation (EC) No 40/94 – Descriptive character)»

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 a product – Word sign ROBOTUNITS (Council Regulation No 40/94, Art. 7(1)(c)) The word sign ROBOTUNITS may serve, within the meaning of Article 7(1)(c) of Regulation No 40/94 on the Community trade mark, from the point of view of a specialised English-speaking public, to designate essential characteristics of the goods referred to, registration of which is sought in respect of goods in Classes 6, 7 and 9 of the Nice Agreement and including, in particular, components of machines or assembled machines which may operate automatically or be programmed. There is a sufficiently direct and concrete connection between that sign and the goods covered by the application from the point of view of the target public given that the sign taken as a whole may serve to designate one of the possible intended purposes of all those goods. Furthermore, the fact that this sign includes the word robot must be regarded as designating one intended purpose of those goods which the target public is liable to take into account when making a choice and accordingly constitutes an essential characteristic thereof.see paras 44, 48

JUDGMENT OF THE COURT OF FIRST INSTANCE (Fourth Chamber) 26 November 2003 (1)

((Community trade mark – Word mark ROBOTUNITS – Absolute grounds for refusal – Article 7(1)(c) of Regulation (EC) No 40/94 – Descriptive character))

In Case T-222/02,

applicant,

v

defendant,

ACTION against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 May 2002 (Case R 1095/2000-1) refusing to register the word mark ROBOTUNITS as a Community trade mark,

THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Fourth Chamber),

composed of: V. Tiili, President, P. Mengozzi and M. Vilaras, Judges,

Registrar: J. Plingers, Administrator,

having regard to the written procedure and further to the hearing on 9 July 2003,

gives the following

Arguments of the parties

Findings of the Court

On those grounds,

THE COURT OF FIRST INSTANCE (Fourth Chamber),

hereby:

Tiili

Mengozzi

Vilaras

Delivered in open court in Luxembourg on 26 November 2003.

H. Jung

V. Tiili

Registrar

President