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26.1.2008 |
EN |
Official Journal of the European Union |
C 22/44 |
Judgment of the Court of First Instance of 12 December 2007 — DeTeMedien v OHIM (suchen.de)
(Case T-117/06) (1)
(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)
(2008/C 22/81)
Language of the case: German
Parties
Applicant: DeTeMedien Deutsche Telekom Medien GmbH ((Frankfurt am Main, Germany) (represented initially by J. Fesenmair and I. Gehring, and subsequently by J. Fesenmair and T.M. Müller, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)
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.
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders DeTeMedien Deutsche Telekom Medien GmbH to pay the costs. |