14.12.2015
EN
Official Journal of the European Union
C 414/27
Judgment of the General Court of 23 October 2015 — Trekstor v OHIM (SmartTV Station)
(Case T-649/13) (1)
((Community trade mark - Application for Community word mark SmartTV Station - Absolute grounds for refusal - Lack of distinctive character - Descriptive character - Article 7(1(b) and (c) of Regulation (EC) No 207/2009 - Article 7(3) of Regulation No 207/2009))
(2015/C 414/34)
Language of the case: German
Parties
Applicant: TrekStor Ltd (Hong Kong, China) (represented by: O. Spieker and M. Alber, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially M. Fischer, then G. Schneider and A. Schifko, acting as Agents)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 1 October 2013 (Case R 128/2013-4), concerning an application for registration of the word sign SmartTV Station as a Community trade mark.
Operative part of the judgment
The Court:
1.
Dismisses the action;
2.
Orders TrekStor Ltd to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
(1) OJ C 39, 8.2.2014.
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