CELEX: 62007TJ0335
Language: en
Date: 2008-12-16
Title: Judgment of the Court of First Instance (Second Chamber) of 16 December 2008. # Volker Mergel and Others v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for the Community word mark Patentconsult - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94. # Case T-335/07.

Judgment of the Court of First Instance (Second Chamber) of 16 December 2008 – Mergel and Others v OHIM (Patentconsult)
      (Case T-335/07)
      Community trade mark – Application for the Community word mark Patentconsult – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94
      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 40/94, Art. 7(1)(c)) (see paras 20, 22, 25)
      
      Re:
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 25 June 2007 (Case R 299/2007-4) concerning the
                  registration of the word sign Patentconsult as a Community trade mark.
               
            Information relating to the case
      
               Applicants for the Community trade mark:
            
            
               Volker Mergel, Klaus Kampfenkel, Burkart Bill and Andreas Herden 
            
         
               Community trade mark sought:
            
            
               Word mark Patentconsult for services in Classes 35, 41 and 42 – Application No 4439774
            
         
               Decision of the examiner:
            
            
               Registration refused
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Mr Volker Mergel, Mr Klaus Kampfenkel, Mr Burkart Bill and Mr Andreas Herden to pay the costs.