Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Sixth Chamber) of 24 March 2011 – CheckMobile v OHIM (carcheck)**

**(Case T-14/10)**

Community trade mark – Application for the Community word mark carcheck – Absolute ground for refusal – Descriptive character – Article 7(1)(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 19-20, 25-26, 28)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 18 November 2009 (Case R 595/2009-4), relating to an application for registration as a Community trade mark of the word sign carcheck. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | CheckMobile GmbH – The Process Solution Company |
| Community trade mark sought: | Word mark car check for goods and services in Classes 9, 16, 35, 36, 38, 41, 42 and 45 – Application No 7368681 |
| Decision of the examiner: | Partial refusal of registration |
| Decision of the Board of Appeal: | Partial annulment of the Examiner’s Decision |

**Operative part**

The Court:

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders CheckMobile GmbH – The Process Solution Company to pay the costs. |

[Top](#document1)