CELEX: 62008TJ0505
Language: en
Date: 2010-09-09
Title: Judgment of the General Court (Fifth Chamber) of 9 September 2010. # Nadine Trautwein Rolf Trautwein GbR, Research and Development v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for Community word mark Hunter - 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) - Restriction of the goods designated in the trade mark application. # Case T-505/08.

Judgment of the General Court (Fifth Chamber) of 9 September 2010 – Nadine Trautwein Rolf Trautwein v OHIM (Hunter)
      (Case T-505/08)
      Community trade mark – Application for Community word mark Hunter – 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) – Restriction of the goods designated in the trade mark application)
      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 35, 40, 52)
      
      Re:
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 17 September 2008, as corrected on 5 February
                  2009 (Case R 1733/2007-1), concerning an application for registration as a Community trade mark of the word sign Hunter.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Nadine Trautwein Rolf Trautwein GbR, Research and Development
            
         
               Community trade mark sought:
            
            
               Word mark Hunter for goods in Classes 18 to 25 – Application No 4829347 
            
         
               Decision of the examiner:
            
            
               Registration refused 
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed 
            
         
      Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Nadine Trautwein Rolf Trautwein GbR, Research and Development to pay the costs.