CELEX: 62008TJ0230
Language: en
Date: 2010-10-12
Title: Judgment of the General Court (First Chamber) of 12 October 2010. # Paul Asenbaum v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Applications for Community word mark WIENER WERKSTÄTTE - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009). # Cases T-230/08 and T-231/08.

Judgment of the General Court (First Chamber) of 12 October 2010 – Asenbaum v OHIM (WIENER WERKSTÄTTE)
      (Joined Cases T-230/08 and T-231/08)
      Community trade mark – Applications for Community word mark WIENER WERKSTÄTTE – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94 (now 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 40/94, Art. 7(1)(c)) (see paras 33, 42-43)
      
      Re:
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 10 April 2008 (Cases R 1573/2006-4 and R 1571/2006-4)
                  concerning two applications for registration of the word sign WIENER WERKSTÄTTE as a Community trade mark.
               
            Information relating to the case 
      
               Applicant for the Community trade mark:
            
            
               Paul Asenbaum
            
         
               Community trade mark sought:
            
            
               Word mark WIENER WERKSTÄTTE for goods in Classes 6, 11, 14, 16, 20, 21 and 34 (Application No 4133501) and goods in Class
                  14 (Application No 4207783)
               
            
         
               Decision of the examiner:
            
            
               Applications dismissed
            
         
               Decision of the Board of Appeal:
            
            
               Appeals dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Orders that Cases T-230/08 and T-231/08 be joined for the purposes of the judgment;
               
            
         
                  2.
               
               
                  
               
               
                  	Dismisses the actions;
               
            
         
                  3.
               
               
                  
               
               
                  	Orders Mr Paul Asenbaum to pay the costs.