Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 12.1.2008 | EN | Official Journal of the European Union | C 8/13 |

---

Judgment of the Court of First Instance of 20 November 2007 — Tegometall International v OHIM — Wuppermann (TEK)

(Case T-458/05)[(1)](#ntr1-C_2008008EN.01001302-E0001)

(Community trade mark - Invalidity proceedings - Application for the Community word mark TEK - Subject-matter of the proceedings - Observance of the rights of the defence - Absolute grounds for refusal - Descriptive character - Article 7(1)(b),(c) and (g) and Article 51(1)(a) of Regulation (EC) No 40/94)

(2008/C 8/25)

Language of the case: German

Parties

Applicant: Tegometall International AG (Lengwil-Oberhofen, Switzerland) (represented by: H. Timmann, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM intervener before the Court of First Instance: Wuppermann AG (Leverkusen, Germany) (represented: initially by H. Huisken, and subsequently by I. Friedhoff, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 21 October 2005 (Case R 1063/2004-2), as rectified on 16 November 2005, relating to invalidity proceedings between Wuppermann AG and Tegometall International AG.

Operative part of the judgment

The Court:

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

|  |  |
| --- | --- |
| 2. | Orders the applicant to pay the costs, except those incurred by the intervener; |

|  |  |
| --- | --- |
| 3. | Orders the intervener to bear its own costs. |

---

[Top](#document1)