Official Journal of the European Union

C 58/8

Judgment of the General Court of 17 January 2012 — Hamberger Industriewerke v OHIM (Atrium)

(Case T-513/10) (1)

(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)

2012/C 58/14

Language of the case: German


Applicant: Hamberger Industriewerke GmbH (Stephanskirchen, Germany) (represented by: T. Schmidpeter, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially S. Schäffner and R. Manea and subsequently G. Schneider, acting as Agents)


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 of the judgment

The Court:


dismisses the action;


orders Hamberger Industriewerke GmbH to pay the costs.

(1)  OJ C 13, 15.1.2011.