Source: EURLEX
Language: en
Format: md

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| 26.1.2013 | EN | Official Journal of the European Union | C 26/42 |

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Judgment of the General Court of 29 November 2012 — Hopf v OHIM (Champflex)

(Case T-171/11)[(1)](#ntr1-C_2013026EN.01004202-E0001)

(Community trade mark - Application for Community word mark Champflex - Absolute grounds for refusal - Descriptiveness - Article 7(1)(c) of Regulation (EC) No 207/2009 - Lack of distinctiveness - Article 7(1)(b) of Regulation No 207/2009 - Obligation to state reasons - Article 75 of Regulation No 207/2009)

2013/C 26/81

Language of the case: German

Parties

Applicant: Hans-Jürgen Hopf (Zirndorf, Germany) (represented by: V. Mensing, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: K. Klüpfel, acting as Agent)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 19 January 2011 (Case R 1514/2010-4) concerning an application for registration of the word mark Champflex as a Community trade mark.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 19 January 2011 (Case R 1514/2010-4) in so far as it concerns the goods ‘syringes’; |

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| 2. | Dismisses the action as to the remainder; |

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| 3. | Orders Mr Hans-Jürgen Hopf to bear his own costs and to pay half the costs of OHIM, and orders OHIM to bear half of its own costs. |

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