CELEX: 62011TJ0371
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

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
The Court:
1.
Dismisses the action;
2.
Orders Monier Roofing Components GmbH to pay the costs.