Judgment of the General Court (Eighth Chamber) of 7 October 2010 – Deutsche Behindertenhilfe – Aktion Mensch v OHIM
(Case T-47/09)
Community trade mark – Application for Community word mark – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009)
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 29, 49-50)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 27 November 2008 (Case R 1094/2008-1), 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:
Deutsche Behindertenhilfe – Aktion Mensch eV
Community trade mark sought:
Word mark ‘’ for services in Classes 35 and 41 –Application No 460372
Decision of the examiner:
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Deutsche Behindertenhilfe – Aktion Mensch eV to pay the costs.
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