Judgment of the General Court of 6 July 2011 - i-content v OHIM (BETWIN)
(Community trade mark - Application for Community word mark BETWIN - Absolute grounds for refusal - Descriptive nature - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 - Duty to state reasons - Equal treatment - Article 49 EC)
Language of the case: German
Parties
Applicant: i-content Ltd Zweigniederlassung Deutschland (Berlin, Germany) (represented initially by: A. Nordemann, and subsequently by: A. Nordemann and T. Boddien, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner, acting as Agent)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 4 May 2009 (Case R 1528/2008-4) concerning an application for registration of the word sign BETWIN as a Community trade mark.
Operative part of the judgment
The Court:
1. Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 4 May 2009 (Case R 1528/2008-4) in so far as concerns services other than the services of 'conception and development of events, games, lotteries, contests, balls, drawings by lot, competitions of all kinds; gaming halls; operation of casinos; services to sports, games, betting and lottery establishments, including on and via the internet; provision of sport, games, betting and lottery equipment, including on and via the internet; operation of gaming halls; provision of interactive computer games; operation and organisation of casinos, games of chance, card games, bets, sports betting, games of skill; gaming machines; operation of casinos, operation of gaming halls; operation of betting and lottery centres of all kinds' in Class 41 of the Nice Agreement concerning the International Classification of Goods and Services for the purposes of the Registration of Marks of 15 June 1957, as revised and amended, and services of 'conception and development of events, games, lotteries, contests, balls, drawings by lot, competitions for business purposes, organisation of advertising' in Class 35 of that Arrangement;
2. Orders each party to bear its own costs.
____________1 - OJ C 205, 29.8.2009.