«(Community trade mark – Regulation (EC) No 40/94 – Absolute grounds for refusal – Descriptive mark – Distinctive character acquired through use – Word mark TDI – Right to be heard – Scope of the duty to state reasons – Consequences of a breach of the duty to state reasons)»
JUDGMENT OF THE COURT OF FIRST INSTANCE (Second Chamber)3 December 2003 (1)
((Community trade mark – Regulation (EC) No 40/94 – Absolute grounds for refusal – Descriptive mark – Distinctive character acquired through use – Word mark TDI – Right to be heard – Scope of the duty to state reasons – Consequences of a breach of the duty to state reasons))
applicant,
v
defendant,
THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Second Chamber),
having regard to the application lodged at the Registry of the Court of First Instance on 30 January 2002,having regard to the response of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) lodged at the Registry of the Court of First Instance on 21 May 2002,further to the hearing on 13 May 2003,
gives the following
On those grounds,
THE COURT OF FIRST INSTANCE (Second Chamber)
Forwood
Pirrung
Meij
H. Jung
J. Pirrung
Registrar
President