Judgment of the General Court of 17 January 2012 - Hamberger Industriewerke v OHIM (Atrium)
(Case T-513/10)
(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)
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.
____________1 - OJ C 13, 15.1.2011.