25.2.2012 |
EN |
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
Parties
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)
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 of the judgment
The Court:
1. |
dismisses the action; |
2. |
orders Hamberger Industriewerke GmbH to pay the costs. |