In Wella v OHMI (TAME IT) [2009] EUECJ T-471/07, the Court of the First Instance (CFI) upheld the decision of the second board of appeal of OHIM (“the Board of Appeal”) in part, refusing to grant territorial extension to the European community of the protection of the mark “TAME IT” in respect of essential oils, cosmetics and hair lotions.

The CFI found Article 149(1) of Council Regulation (EC) No 40/94 on the Community trade mark (“the Council Regulation”), as amended by Article 154(1) (“the Amended Council Regulation”) provides that international registrations designating the European Community are to be subject to examination as to absolute grounds for refusal in the same way as applications for Community trade marks. (more…)