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Document 62009TJ0487

    Judgment of the General Court (Second Chamber) of 28 June 2011.
    ReValue Immobilienberatung GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs).
    Community trade mark -Application for the Community figurative mark ReValue - Application refused in part - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009 - Obligation to state the reasons on which the decision is based - Article 75 of Regulation No 207/2009.
    Case T-487/09.

    European Court Reports 2011 II-00205*

    ECLI identifier: ECLI:EU:T:2011:317





    Judgment of the General Court (Second Chamber) of 28 June 2011 – ReValue Immobilienberatung v OHIM (ReValue)

    (Case T-487/09)

    Community trade mark – Application for the Community figurative mark ReValue – Application refused in part – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 207/2009 – Duty to state reasons – Article 75 of Regulation No 207/2009

    Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications capable of designating the characteristics of a service (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 58, 69-73)

    Re:

    ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 7 October 2009 (Case R 531/2009-4) concerning an application for registration of the figurative sign ReValue as a Community trade mark.

    Information relating to the case

    Applicant for the Community trade mark:

    ReValue Immobilienberatung GmbH

    Community trade mark sought:

    Figurative mark ReValue for services in Classes 35, 36, 42 and 45 – Application No 6784292

    Decision of the examiner:

    Registration refused in part

    Decision of the Board of Appeal:

    Appeal dismissed


    Operative part

    The Court:

    1.

    Dismisses the action;

    2.

    Orders ReValue Immobilienberatung GmbH to pay the costs.

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