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Document 62008TJ0505

    Judgment of the General Court (Fifth Chamber) of 9 September 2010.
    Nadine Trautwein Rolf Trautwein GbR, Research and Development v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Application for Community word mark Hunter - 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) - Restriction of the goods designated in the trade mark application.
    Case T-505/08.

    European Court Reports 2010 II-00179*

    ECLI identifier: ECLI:EU:T:2010:378





    Judgment of the General Court (Fifth Chamber) of 9 September 2010 – Nadine Trautwein Rolf Trautwein v OHIM (Hunter)

    (Case T-505/08)

    Community trade mark – Application for Community word mark Hunter – 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) – Restriction of the goods designated in the trade mark application)

    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 35, 40, 52)

    Re:

    ACTION brought against the decision of the First Board of Appeal of OHIM of 17 September 2008, as corrected on 5 February 2009 (Case R 1733/2007-1), concerning an application for registration as a Community trade mark of the word sign Hunter.

    Information relating to the case

    Applicant for the Community trade mark:

    Nadine Trautwein Rolf Trautwein GbR, Research and Development

    Community trade mark sought:

    Word mark Hunter for goods in Classes 18 to 25 – Application No 4829347

    Decision of the examiner:

    Registration refused

    Decision of the Board of Appeal:

    Appeal dismissed


    Operative part

    The Court:

    1.

    Dismisses the action;

    2.

    Orders Nadine Trautwein Rolf Trautwein GbR, Research and Development to pay the costs.

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