Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Second Chamber) of 28 June 2011 – ReValue Immobilienberatung v OHIM (ReValue)**

**(Case T-487/09)**

Community trade mark – Application for the Community figurative mark ReValue – Application refused in part – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 207/2009 – Duty to state reasons – Article 75 of Regulation 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 capable of designating the characteristics of a service (Council Regulation
No 207/2009, Art. 7(1)(c)) (see paras 58, 69-73)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 7 October 2009 (Case R 531/2009-4) concerning an application for registration of the figurative sign ReValue as a Community trade mark. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | ReValue Immobilienberatung GmbH |
| Community trade mark sought: | Figurative mark ReValue for services in Classes 35, 36, 42 and 45 – Application No 6784292 |
| Decision of the examiner: | Registration refused in part |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders ReValue Immobilienberatung GmbH to pay the costs. |

[Top](#document1)