Source: EURLEX
Language: en
Format: md

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| 24.11.2012 | EN | Official Journal of the European Union | C 366/33 |

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Judgment of the General Court of 16 October 2012 — Monier Roofing Components v OHIM (CLIMA COMFORT)

(Case T-371/11)[(1)](#ntr1-C_2012366EN.01003302-E0001)

(Community trade mark - Application for the Community word mark CLIMA COMFORT - Absolute ground for refusal - Lack of distinctiveness - Article 7(1)(b) of Regulation (EC) No 207/2009 - Right to be heard - Second sentence of Article 75 of Regulation No 207/2009 - Ex officio examination of the facts - Article 76(1) of Regulation No 207/2009)

2012/C 366/65

Language of the case: German

Parties

Applicant: Monier Roofing Components (Oberursel, Germany) (represented by: F. Ekey, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Pohlmann, Agent)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 28 April 2011 (Case R 2026/2010-1), concerning an application for registration of the word sign CLIMA COMFORT as a Community trade mark.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Monier Roofing Components GmbH to pay the costs. |

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