Judgment of the Court of First Instance (Second Chamber) of 12 December 2007 – DeTeMedien v OHIM
(Case T-117/06)
(Community trade mark – Application for the Community word mark –
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 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 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.
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