Judgment — ECLI:EU:T:2008:580
Date: 2008-12-16
Language of the case: German
Court formation: Second Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Word marks
Procedure: Action for annulment - unfounded;Action for annulment - inadmissible
Origin: Germany

Judgment of the Court of First Instance (Second Chamber) of 16 December 2008 – Mergel and Others v OHIM (Patentconsult) (Case T-335/07) Community trade mark – Application for the Community word mark Patentconsult – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94 Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods (Council Regulation No 40/94, Art. 7(1)(c)) (see paras 20, 22, 25) Re: ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 25 June 2007 (Case R 299/2007-4) concerning the registration of the word sign Patentconsult as a Community trade mark. Information relating to the case Applicants for the Community trade mark: Volker Mergel, Klaus Kampfenkel, Burkart Bill and Andreas Herden Community trade mark sought: Word mark Patentconsult for services in Classes 35, 41 and 42 – Application No 4439774 Decision of the examiner: Registration refused Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Dismisses the action; 2. Orders Mr Volker Mergel, Mr Klaus Kampfenkel, Mr Burkart Bill and Mr Andreas Herden to pay the costs.