Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Eighth Chamber) of 7 October 2010 – Deutsche Behindertenhilfe – Aktion Mensch v OHIM (diegesellschafter.de)**

**(Case T-47/09)**

Community trade mark – Application for Community word mark diegesellschafter.de – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009)

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 29, 49-50)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the First Board of Appeal of OHIM of 27 November 2008 (Case R 1094/2008-1), concerning an application for registration of the word sign diegesellschafter.de as a Community trade mark. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Deutsche Behindertenhilfe – Aktion Mensch eV |
| Community trade mark sought: | Word mark ‘diegesellschafter.de’ for services in Classes 35 and 41 –Application No 460372 |
| Decision of the examiner: | Registration refused |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the action; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Deutsche Behindertenhilfe – Aktion Mensch eV to pay the costs. |

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