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Case T-371/11: Judgment of the General Court of 16 October 2012 — Monier Roofing Components v OHIM (CLIMA COMFORT) (Community trade mark — Application for the Community word mark CLIMA COMFORT — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EC) No 207/2009 — Right to be heard — Second sentence of Article 75 of Regulation No 207/2009 — Ex officio examination of the facts — Article 76(1) of Regulation No 207/2009)
ECLI:EU:UNKNOWN:62011TA0371
62011TA0371
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24.11.2012
Official Journal of the European Union
C 366/33
(Case T-371/11)(<span class="super">1</span>)
(Community trade mark - Application for the Community word mark CLIMA COMFORT - Absolute ground for refusal - Lack of distinctiveness - Article 7(1)(b) of Regulation (EC) No 207/2009 - Right to be heard - Second sentence of Article 75 of Regulation No 207/2009 - Ex officio examination of the facts - Article 76(1) of Regulation No 207/2009)
2012/C 366/65
Language of the case: German
Parties
Applicant: Monier Roofing Components (Oberursel, Germany) (represented by: F. Ekey, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Pohlmann, Agent)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 28 April 2011 (Case R 2026/2010-1), concerning an application for registration of the word sign CLIMA COMFORT as a Community trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Monier Roofing Components GmbH to pay the costs.
(<span class="super">1</span>) OJ C 269, 10.9.2011.