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Case T-513/10: Judgment of the General Court of 17 January 2012 — Hamberger Industriewerke v OHIM (Atrium) (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)
ECLI:EU:UNKNOWN:62010TA0513
62010TA0513
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25.2.2012
Official Journal of the European Union
C 58/8
(Case T-513/10)(<span class="super">1</span>)
(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)
2012/C 58/14
Language of the case: German
Parties
Applicant: Hamberger Industriewerke GmbH (Stephanskirchen, Germany) (represented by: T. Schmidpeter, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially S. Schäffner and R. Manea and subsequently G. Schneider, acting as Agents)
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 of the judgment
The Court:
1.dismisses the action;
2.orders Hamberger Industriewerke GmbH to pay the costs.
(<span class="super">1</span>) OJ C 13, 15.1.2011.