Order of the Court (Fifth Chamber) of 5 February 2010 — Volker Mergel, Klaus Kampfenkel, Burkart Bill, Andreas Herden v Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C-80/09 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 7(1)(c) - Refusal to register - Word mark Patentconsult - Absolute ground for refusal - Descriptive character - Appeal in part manifestly inadmissible and in part manifestly unfounded)

2010/C 148/16

Language of the case: German

Parties

Appellants: Volker Mergel, Klaus Kampfenkel, Burkart Bill, Andreas Herden (represented by: G.P. Friderichs, Rechtsanwalt)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner, acting as Agent)

Re:

Appeal brought against the judgment of the Court of First Instance (Second Chamber) of 16 December 2008 in Case T-335/07 Mergel and Others v OHIM, by which the Court dismissed the action for annulment of the decision of the Fourth Board of Appeal of OHIM of 25 June 2007, dismissing the action against the decision of the examiner to refuse the registration of the Community word mark ‘Patentconsult’ for the goods and services within Classes 35, 41 and 42 — Distinctive character of a mark which consists exclusively of signs or indications which may serve, in trade, to designate the characteristics of the goods or services concerned

Operative part of the order

The Court:

(1)  OJ C 90, 18.4.2009.