Adobe loses FLEX appeal
In Adobe Systems Inc v Office for Harmonization in the Internal Market (OHIM) (Case T-158/06, October 23 2008), the Court of First Instance (CFI) has emphasized that the fact that a mark is registered nationally outside the European Union is no proof of its registrability as a Community trademark.
Adobe Systems Inc's predecessor in title, Macromedia Inc, applied to register the mark FLEX as a Community trademark in respect of various computer-related goods and services in Classes 9, 38 and 42 of the Nice Classification. The application was refused on the grounds that the mark was non-distinctive and descriptive under Articles 7(1)(b) and (c) of the Community Trademark Regulation (40/94).
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