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Judgment of the Court of First Instance (Second Chamber) of 12 December 2007. # DeTeMedien Deutsche Telekom Medien GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for the Community word mark suchen.de - Absolute ground for refusal - Lack of distinctive character - Domain name - Article 7(1)(b) and (c) of Regulation (EC) No 40/94. # Case T-117/06.

ECLI:EU:T:2007:385

62006TJ0117

December 12, 2007
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(Case T-117/06)

(Community trade mark – Application for the Community word mark suchen.de –

Absolute ground for refusal – Lack of distinctive character – Domain name – Article 7(1)(b) and (c) of Regulation (EC) No 40/94

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 30, 32-33, 37-38)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 30 January 2006 (Case R 287/2005-1) concerning an application for registration of the word sign suchen.de as a Community trade mark.

Information relating to the case

Applicant for the Community trade mark:

Community trade mark sought:

Decision of the Examiner:

Registration partially refused

Decision of the Board of Appeal:

Appeal dismissed

Operative part

The Court:

1.Dismisses the action;

2.Orders DeTeMedien Deutsche Telekom Medien GmbH to pay the costs.

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