Judgment of the General Court (Sixth Chamber) of 24 March 2011 – CheckMobile v OHIM (carcheck)
(Case T-14/10)
Community trade mark – Application for the Community word mark carcheck – Absolute ground for refusal – Descriptive character – 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 207/2009, Art. 7(1)(c)) (see paras 19-20, 25-26, 28)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 18 November 2009 (Case R 595/2009-4), relating to an application for registration as a Community trade mark of the word sign carcheck. |
Information relating to the case
Applicant for the Community trade mark: | CheckMobile GmbH – The Process Solution Company |
Community trade mark sought: | Word mark car check for goods and services in Classes 9, 16, 35, 36, 38, 41, 42 and 45 – Application No 7368681 |
Decision of the examiner: | Partial refusal of registration |
Decision of the Board of Appeal: | Partial annulment of the Examiner’s Decision |
Operative part
The Court:
1. |
| Dismisses the action; |
2. |
| Orders CheckMobile GmbH – The Process Solution Company to pay the costs. |