Community trade mark Absolute ground for refusal Lack of distinctive character Article 7(1)(b) and (c) of Regulation (EC) No 40/94 Application for the Community word mark suchen.de Domain name
Sumário
Judgment of the Court of First Instance (Second Chamber) of 12 December 2007.
DeTeMedien Deutsche Telekom Medien GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for the Community word mark suchen.de - Absolute ground for refusal - Lack of distinctive character - Domain name - Article 7(1)(b) and (c) of Regulation (EC) No 40/94.
Case T-117/06.
Texto da decisão
Judgment of the Court of First Instance (Second Chamber) of 12 December 2007 – DeTeMedien v OHIM (suchen.de)
(Case T-117/06)
(Community trade mark – Application for the Community word mark suchen.de –
Absolute ground for refusal – Lack of distinctive character – Domain name – Article 7(1)(b) and (c) of Regulation (EC) No 40/94
Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 30, 32-33, 37-38)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 30 January 2006 (Case R 287/2005-1) concerning an application for registration of the word sign suchen.de as a Community trade mark. |
Information relating to the case
|
Applicant for the Community trade mark: |
DeTeMedien Deutsche Telekom Medien GmbH |
|
Community trade mark sought: |
Word mark suchen.de for goods and services in Classes 9, 16, 35, 36, 38 and 42 – Application No 3915329 |
|
Decision of the Examiner: |
Registration partially refused |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders DeTeMedien Deutsche Telekom Medien GmbH to pay the costs. |