Judgment of the General Court (First Chamber) of 12 October 2010 – Asenbaum v OHIM (WIENER WERKSTÄTTE)
(Joined Cases T-230/08 and T-231/08)
Community trade mark – Applications for Community word mark WIENER WERKSTÄTTE – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) 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 which may serve to designate the characteristics of goods (Council Regulation No 40/94, Art. 7(1)(c)) (see paras 33, 42-43)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 10 April 2008 (Cases R 1573/2006-4 and R 1571/2006-4) concerning two applications for registration of the word sign WIENER WERKSTÄTTE as a Community trade mark. |
Information relating to the case
Applicant for the Community trade mark: |
Paul Asenbaum |
Community trade mark sought: |
Word mark WIENER WERKSTÄTTE for goods in Classes 6, 11, 14, 16, 20, 21 and 34 (Application No 4133501) and goods in Class 14 (Application No 4207783) |
Decision of the examiner: |
Applications dismissed |
Decision of the Board of Appeal: |
Appeals dismissed |
Operative part
The Court:
1. |
Orders that Cases T-230/08 and T-231/08 be joined for the purposes of the judgment; |
2. |
Dismisses the actions; |
3. |
Orders Mr Paul Asenbaum to pay the costs. |