CELEX: 62010TJ0513
Language: en
Date: 2012-01-17 00:00:00
Title: Judgment of the General Court (Fourth Chamber) of 17 January 2012. # Hamberger Industriewerke GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for the Community word mark Atrium - Absolute ground for refusal - Descriptive character - Lack of distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009. # Case T-513/10.

Judgment of the General Court (Fourth Chamber) of 17 January 2012 – Hamberger Industriewerke v OHIM (Atrium)
      (Case T-513/10)
      Community trade mark – Application for the Community word mark Atrium – Absolute ground for refusal – Descriptive character – Lack of distinctive character – Article 7(1)(b) and (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 207/2009, Art. 7(1)(c)) (see paras 15-20)
      
      Re:
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 26 August 2010 (Case R 291/2010-4), concerning
                  an application for registration of the word mark Atrium as a Community trade mark.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Hamberger Industriewerke GmbH to pay the costs.