Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Sixth Chamber) of 29 March 2012 — Kaltenbach & Voigt v OHIM (3D eXam)**

**(Case T-242/11)**

Community trade mark — International registration — Request for territorial extension of protection — Figurative mark 3D eXam — Absolute grounds for refusal — Descriptive character and lack of distinctive character — Article 7(1)(b) and (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 207/2009, Art. 7(1)(c)) (see paras 24-26, 28-31)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Second Board of Appeal of OHIM of 1 March 2011 (Case R 2361/2010-2) relating to a territorial extension to the European Union of the protection of the international registration of the figurative mark 3D eXam. |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Kaltenbach & Voigt GmbH to pay the costs. |

[Top](#document1)