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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.
ECLI:EU:T:2011:123
62010TJ0014
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(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.