27.3.2010
EN
Official Journal of the European Union
C 80/23
Judgment of the General Court of 10 February 2010 — O2 (Germany) v OHIM (Homezone)
(Case T-344/07) (1)
(Community trade mark - Application for the Community word mark Homezone - Absolute grounds for refusal - Distinctive character - Descriptive character - Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) of Regulation (EC) No 207/2009))
2010/C 80/40
Language of the case: German
Parties
Applicant: O2 (Germany) GmbH & Co. OHG (Munich, Germany) (represented by: A. Fottner and M. Müller, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner, Agent)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 5 July 2007 (Case R 1583/2006-4), concerning an application to register the word sign Homezone as a Community trade mark
Operative part of the judgment
The Court:
1.
Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 5 July 2007 (Case R 1583/2006-4);
2.
Orders OHIM to pay the costs.
(1) OJ C 269, 10.11.2007.
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