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Document 62006TJ0117

Judgment of the Court of First Instance (Second Chamber) of 12 December 2007.
DeTeMedien Deutsche Telekom Medien GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for the Community word mark suchen.de - Absolute ground for refusal - Lack of distinctive character - Domain name - Article 7(1)(b) and (c) of Regulation (EC) No 40/94.
Case T-117/06.

Izvješća Suda EU-a 2007 II-00174*

ECLI identifier: ECLI:EU:T:2007:385





Judgment of the Court of First Instance (Second Chamber) of 12 December 2007 – DeTeMedien v OHIM (suchen.de)

(Case T-117/06)

(Community trade mark – Application for the Community word mark suchen.de –

Absolute ground for refusal – Lack of distinctive character – Domain name – Article 7(1)(b) and (c) of Regulation (EC) No 40/94

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 30, 32-33, 37-38)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 30 January 2006 (Case R 287/2005-1) concerning an application for registration of the word sign suchen.de as a Community trade mark.

Information relating to the case

Applicant for the Community trade mark:

DeTeMedien Deutsche Telekom Medien GmbH

Community trade mark sought:

Word mark suchen.de for goods and services in Classes 9, 16, 35, 36, 38 and 42 – Application No 3915329

Decision of the Examiner:

Registration partially refused

Decision of the Board of Appeal:

Appeal dismissed


Operative part

The Court:

1.

Dismisses the action;

2.

Orders DeTeMedien Deutsche Telekom Medien GmbH to pay the costs.

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