Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (First Chamber) of 12 October 2010 – Asenbaum v OHIM (WIENER WERKSTÄTTE)**

**(Joined Cases T-230/08 and T-231/08)**

Community trade mark – Applications for Community word mark WIENER WERKSTÄTTE – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009)

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 33, 42-43)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 10 April 2008 (Cases R 1573/2006-4 and R 1571/2006-4) concerning two applications for registration of the word sign WIENER WERKSTÄTTE as a Community trade mark. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Paul Asenbaum |
| Community trade mark sought: | Word mark WIENER WERKSTÄTTE for goods in Classes 6, 11, 14, 16, 20, 21 and 34 (Application No 4133501) and goods in Class 14 (Application No 4207783) |
| Decision of the examiner: | Applications dismissed |
| Decision of the Board of Appeal: | Appeals dismissed |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Orders that Cases T-230/08 and T-231/08 be joined for the purposes of the judgment; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Dismisses the actions; |

|  |  |  |
| --- | --- | --- |
| 3. |  | Orders Mr Paul Asenbaum to pay the costs. |

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