CELEX: 62010TA0123
Language: en
Date: 2011-11-30 00:00:00
Title: Case T-123/10: Judgment of the General Court of 30 November 2011 — Hartmann v OHIM (Complete) (Community trade mark — Application for Community word mark ‘Complete’ — Absolute grounds for refusal — Lack of distinctive character — Descriptive character — Statement of reasons — Goods forming a homogenous group — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)

28.1.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 25/49
            
         
      Judgment of the General Court of 30 November 2011 — Hartmann v OHIM (Complete)
      (Case T-123/10) (1)
      
      (Community trade mark - Application for Community word mark ‘Complete’ - Absolute grounds for refusal - Lack of distinctive character - Descriptive character - Statement of reasons - Goods forming a homogenous group - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)
      (2012/C 25/93)
      Language of the case: German
      
         Parties
      
      
         Applicant: Paul Hartmann AG (Heidenheim an der Brenz, Germany) (represented by N. Aicher, lawyer)
      
         Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by: B. Schmidt and later by: R. Manea and R. Pethke, Agents)
      
         Re:
      
      Action brought against the decision of the Fourth Board of Appeal of OHIM of 20 January 2010 (Case R 601/2009-4) concerning an application to register the word mark ‘Complete’ 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 20 January 2010 (Case R 601/2009-4);
               
            
                  2.
               
               
                  Orders OHIM to bear its own costs and to pay the costs incurred by Paul Hartmann AG, including the indispensable costs incurred by the latter in the procedure before the Appeals Chamber.
               
            
         (1)  OJ C 134, 22.5.2010.