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Judgment of the General Court (Fourth Chamber) of 17 January 2012. # Hamberger Industriewerke GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for the Community word mark Atrium - Absolute ground for refusal - Descriptive character - Lack of distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009. # Case T-513/10.
ECLI:EU:T:2012:8
62010TJ0513
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(Case T-513/10)
Community trade mark – Application for the Community word mark Atrium – Absolute ground for refusal – Descriptive character – Lack of distinctive character – Article 7(1)(b) and (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 15-20)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 26 August 2010 (Case R 291/2010-4), concerning an application for registration of the word mark Atrium as a Community trade mark.
Operative part
The Court:
1.Dismisses the action;
2.Orders Hamberger Industriewerke GmbH to pay the costs.