Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Fifth Chamber) of 22 May 2008 – Radio Regenbogen Hörfunk in Baden v OHIM (RadioCom)**

**(Case T-254/06)**

Community trade mark – Application for Community word mark RadioCom – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94

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 40, 45, 48, 51, 54)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the First Board of Appeal of OHIM of 7 July 2006 (Case R 1266/2005‑1) concerning an application for registration of the word mark RadioCom as a Community trade mark. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Radio Regenbogen Hörfunk in Baden Geschäftsführungs-GmbH |
| Community trade mark sought: | Word mark RadioCom for services in Classes 35, 38 and 41 – Application No 3986023 |
| Decision of the examiner: | Registration refused |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Radio Regenbogen Hörfunk in Baden Geschäftsführungs-GmbH to pay the costs. |

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