CELEX: 62006TJ0117
Language: en
Date: 2007-12-12
Title: Judgment of the Court of First Instance (Second Chamber) of 12 December 2007. # DeTeMedien Deutsche Telekom Medien GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for the Community word mark suchen.de - Absolute ground for refusal - Lack of distinctive character - Domain name - Article 7(1)(b) and (c) of Regulation (EC) No 40/94. # Case T-117/06.

Judgment of the Court of First Instance (Second Chamber) of 12 December 2007 – DeTeMedien v OHIM (suchen.de)
      (Case T-117/06)
      (Community trade mark – Application for the Community word mark suchen.de – 
      Absolute ground for refusal – Lack of distinctive character – Domain name – Article 7(1)(b) and (c) of Regulation (EC) No 40/94
      Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 30, 32-33, 37-38)
      Re:
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 30 January 2006 (Case R 287/2005-1) concerning
                  an application for registration of the word sign suchen.de as a Community trade mark.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               DeTeMedien Deutsche Telekom Medien GmbH
            
         
               Community trade mark sought:
            
            
               Word mark suchen.de for goods and services in Classes 9, 16, 35, 36, 38 and 42 – Application No 3915329
            
         
               Decision of the Examiner:
            
            
               Registration partially refused
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders DeTeMedien Deutsche Telekom Medien GmbH to pay the costs.