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Document 62011TA0171

    Case T-171/11: Judgment of the General Court of 29 November 2012 — Hopf v OHIM (Champflex) (Community trade mark — Application for Community word mark Champflex — Absolute grounds for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009 — Lack of distinctiveness — Article 7(1)(b) of Regulation No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009)

    OJ C 26, 26.1.2013, p. 42–43 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    26.1.2013   

    EN

    Official Journal of the European Union

    C 26/42


    Judgment of the General Court of 29 November 2012 — Hopf v OHIM (Champflex)

    (Case T-171/11) (1)

    (Community trade mark - Application for Community word mark Champflex - Absolute grounds for refusal - Descriptiveness - Article 7(1)(c) of Regulation (EC) No 207/2009 - Lack of distinctiveness - Article 7(1)(b) of Regulation No 207/2009 - Obligation to state reasons - Article 75 of Regulation No 207/2009)

    2013/C 26/81

    Language of the case: German

    Parties

    Applicant: Hans-Jürgen Hopf (Zirndorf, Germany) (represented by: V. Mensing, lawyer)

    Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: K. Klüpfel, acting as Agent)

    Re:

    Action brought against the decision of the Fourth Board of Appeal of OHIM of 19 January 2011 (Case R 1514/2010-4) concerning an application for registration of the word mark Champflex 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 19 January 2011 (Case R 1514/2010-4) in so far as it concerns the goods ‘syringes’;

    2.

    Dismisses the action as to the remainder;

    3.

    Orders Mr Hans-Jürgen Hopf to bear his own costs and to pay half the costs of OHIM, and orders OHIM to bear half of its own costs.


    (1)  OJ C 145, 14.5.2011.


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