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Judgment of the Court of First Instance (Second Chamber) of 16 December 2008. # Volker Mergel and Others v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for the Community word mark Patentconsult - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94. # Case T-335/07.
ECLI:EU:T:2008:580
62007TJ0335
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(Case T-335/07)
Community trade mark – Application for the Community word mark Patentconsult – 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 20, 22, 25)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 25 June 2007 (Case R 299/2007-4) concerning the registration of the word sign Patentconsult as a Community trade mark.
Information relating to the case
Applicants for the Community trade mark:
Volker Mergel, Klaus Kampfenkel, Burkart Bill and Andreas Herden
Community trade mark sought:
Word mark Patentconsult for services in Classes 35, 41 and 42 – Application No 4439774
Decision of the examiner:
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.Dismisses the action;
2.Orders Mr Volker Mergel, Mr Klaus Kampfenkel, Mr Burkart Bill and Mr Andreas Herden to pay the costs.