Judgment — ECLI:EU:T:2007:385
Date: 2007-12-12
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
Origin: Germany

Judgment of the Court of First Instance of 12 December 2007 - DeTeMedien v OHIM (suchen.de) (Case T-117/06) 1 (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) Language of the case: German Parties Applicant: DeTeMedien Deutsche Telekom Medien GmbH ((Frankfurt am Main, Germany) (represented initially by J. Fesenmair and I. Gehring, and subsequently by J. Fesenmair and T.M. Müller, lawyers) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent) 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. Operative part of the judgment The Court: 1. Dismisses the action; 2. Orders DeTeMedien Deutsche Telekom Medien GmbH to pay the costs. ____________ 1 - OJ C 143, 17.6.2006.