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Community trade mark – Application for Community word mark RadioCom – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94
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 40, 45, 48, 51, 54)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 7 July 2006 (Case R 1266/2005‑1) concerning an application for registration of the word mark RadioCom as a Community trade mark.
Applicant for the Community trade mark:
Community trade mark sought:
Word mark RadioCom for services in Classes 35, 38 and 41 – Application No 3986023
Decision of the examiner:
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
The Court:
1.Dismisses the action;
2.Orders Radio Regenbogen Hörfunk in Baden Geschäftsführungs-GmbH to pay the costs.