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Case T-223/14: Judgment of the General Court of 25 November 2015 — Ewald Dörken v OHIM — Schürmann (VENT ROLL) (Community trade mark — Invalidity proceedings — Community word mark VENT ROLL — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 52(1) and Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62014TA0223
62014TA0223
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18.1.2016
Official Journal of the European Union
C 16/31
(Case T-223/14)(1)
((Community trade mark - Invalidity proceedings - Community word mark VENT ROLL - Absolute grounds for refusal - Descriptive character - Lack of distinctive character - Article 52(1) and Article 7(1)(b) and (c) of Regulation (EC) No 207/2009))
(2016/C 016/37)
Language of the case: German
Parties
Applicant: Ewald Dörken AG (Herdecke, Germany) (represented by: N. Grüger, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: M. Fischer, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Wolfram Schürmann (Neuhausen, Switzerland) (represented by: M. Wesle, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 30 January 2014 (Case R2156/2012-4) relating to invalidity proceedings between Mr Wolfram Schürmann and Ewald Dörken AG.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Ewald Dörken AG to pay the costs.
OJ C 184, 16.6.2014.