CELEX: 62009TJ0487
Language: en
Date: 2011-06-28 00:00:00
Title: Judgment of the General Court (Second Chamber) of 28 June 2011. # ReValue Immobilienberatung GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs). # Community trade mark -Application for the Community figurative mark ReValue - Application refused in part - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009 - Obligation to state the reasons on which the decision is based - Article 75 of Regulation No 207/2009. # Case T-487/09.

Judgment of the General Court (Second Chamber) of 28 June 2011 – ReValue Immobilienberatung v OHIM (ReValue)
      (Case T-487/09)
      Community trade mark – Application for the Community figurative mark ReValue – Application refused in part – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 207/2009 – Duty to state reasons – Article 75 of Regulation 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 capable of designating the characteristics of a service (Council Regulation
         No 207/2009, Art. 7(1)(c)) (see paras 58, 69-73)
      
      Re: 
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 7 October 2009 (Case R 531/2009-4) concerning
                  an application for registration of the figurative sign ReValue as a Community trade mark.
               
            Information relating to the case 
      
               Applicant for the Community trade mark: 
            
            
               ReValue Immobilienberatung GmbH
            
         
               Community trade mark sought: 
            
            
               Figurative mark ReValue for services in Classes 35, 36, 42 and 45 – Application No 6784292
            
         
               Decision of the examiner: 
            
            
               Registration refused in part
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed 
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders ReValue Immobilienberatung GmbH to pay the costs.