Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Second Chamber) of 16 December 2008 – Mergel and Others v OHIM (Patentconsult)**

**(Case T-335/07)**

Community trade mark – Application for the Community word mark Patentconsult – 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 20, 22, 25)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 25 June 2007 (Case R 299/2007-4) concerning the registration of the word sign Patentconsult as a Community trade mark. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicants for the Community trade mark: | Volker Mergel, Klaus Kampfenkel, Burkart Bill and Andreas Herden |
| Community trade mark sought: | Word mark Patentconsult for services in Classes 35, 41 and 42 – Application No 4439774 |
| Decision of the examiner: | Registration refused |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Mr Volker Mergel, Mr Klaus Kampfenkel, Mr Burkart Bill and Mr Andreas Herden to pay the costs. |

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