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(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)
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.
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
The Court:
1.Dismisses the action;
2.Orders DeTeMedien Deutsche Telekom Medien GmbH to pay the costs.