CELEX: 62011TA0171
Language: en
Date: 2012-11-29 00:00:00
Title: Case T-171/11: Judgment of the General Court of 29 November 2012 — Hopf v OHIM (Champflex) (Community trade mark — Application for Community word mark Champflex — Absolute grounds for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009 — Lack of distinctiveness — Article 7(1)(b) of Regulation No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009)

26.1.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 26/42
            
         Judgment of the General Court of 29 November 2012 — Hopf v OHIM (Champflex)
   (Case T-171/11) (1)
   
   (Community trade mark - Application for Community word mark Champflex - Absolute grounds for refusal - Descriptiveness - Article 7(1)(c) of Regulation (EC) No 207/2009 - Lack of distinctiveness - Article 7(1)(b) of Regulation No 207/2009 - Obligation to state reasons - Article 75 of Regulation No 207/2009)
   2013/C 26/81
   Language of the case: German
   
      Parties
   
   
      Applicant: Hans-Jürgen Hopf (Zirndorf, Germany) (represented by: V. Mensing, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: K. Klüpfel, acting as Agent)
   
      Re:
   
   Action brought against the decision of the Fourth Board of Appeal of OHIM of 19 January 2011 (Case R 1514/2010-4) concerning an application for registration of the word mark Champflex as a Community trade mark.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 19 January 2011 (Case R 1514/2010-4) in so far as it concerns the goods ‘syringes’;
            
         
               2.
            
            
               Dismisses the action as to the remainder;
            
         
               3.
            
            
               Orders Mr Hans-Jürgen Hopf to bear his own costs and to pay half the costs of OHIM, and orders OHIM to bear half of its own costs.
            
         
      (1)  OJ C 145, 14.5.2011.