Refusal to Register Descriptive Neologisms Reiterated

    April 2012

    In skytron energy GmbH & Co KG v Office for Harmonisation in the Internal Market (OHIM) (Case T-321/09, February 2 2012), the General Court has upheld OHIM’s refusal on absolute grounds to register the word mark ARRAYBOX.

    In February 2008 the predecessor in title of skytron energy GmbH & Co KG applied to register ARRAYBOX as a Community trademark for goods and services in Classes 9, 37, 38 and 42 of the Nice Classification. The goods and services included:

    • “Electric apparatus and instruments to use for power generation” in Class 9;
    • “Repair, installation and maintenance services in relation to power generation equipment” in Class 37;
    • “Telecommunication and data transfer services” in Class 38; and
    • “Engineering services related to power generation” in Class 42.