(Case T-47/09)

Community trade mark – Application for Community word mark diegesellschafter.de – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009)

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 29, 49-50)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 27 November 2008 (Case R 1094/2008-1), concerning an application for registration of the word sign diegesellschafter.de as a Community trade mark.

Information relating to the case

Applicant for the Community trade mark:

Deutsche Behindertenhilfe – Aktion Mensch eV

Community trade mark sought:

Word mark ‘diegesellschafter.de’ for services in Classes 35 and 41 –Application No 460372

Decision of the examiner:

Registration refused

Decision of the Board of Appeal:

Appeal dismissed

Operative part

The Court:

1.Dismisses the action;

2.Orders Deutsche Behindertenhilfe – Aktion Mensch eV to pay the costs.