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Document 62010TJ0014

Judgment of the General Court (Sixth Chamber) of 24 March 2011.
CheckMobile GmbH - The Process Solution Company v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Invalidity proceedings - Community word mark AK 47 - Absolute ground for refusal - Descriptive character - Article 7(1)(c) and Article 52(1)(a) of Regulation (EC) No 207/2009.
Case T-14/10.

European Court Reports 2011 II-00076*

ECLI identifier: ECLI:EU:T:2011:123





Judgment of the General Court (Sixth Chamber) of 24 March 2011 – CheckMobile v OHIM (carcheck)

(Case T-14/10)

Community trade mark – Application for the Community word mark carcheck – Absolute ground for refusal – Descriptive character – 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 207/2009, Art. 7(1)(c)) (see paras 19-20, 25-26, 28)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 18 November 2009 (Case R 595/2009-4), relating to an application for registration as a Community trade mark of the word sign carcheck.

Information relating to the case

Applicant for the Community trade mark:

CheckMobile GmbH – The Process Solution Company

Community trade mark sought:

Word mark car check for goods and services in Classes 9, 16, 35, 36, 38, 41, 42 and 45 – Application No 7368681

Decision of the examiner:

Partial refusal of registration

Decision of the Board of Appeal:

Partial annulment of the Examiner’s Decision


Operative part

The Court:

1.

Dismisses the action;

2.

Orders CheckMobile GmbH – The Process Solution Company to pay the costs.

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