CELEX: 62010TJ0014
Language: en
Date: 2011-03-24 00:00:00
Title: Judgment of the General Court (Sixth Chamber) of 24 March 2011. # CheckMobile GmbH - The Process Solution Company v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Invalidity proceedings - Community word mark AK 47 - Absolute ground for refusal - Descriptive character - Article 7(1)(c) and Article 52(1)(a) of Regulation (EC) No 207/2009. # Case T-14/10.

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.