Judgment of the Court of First Instance (Second Chamber) of 16 December 2008 – Mergel and Others v OHIM (Patentconsult)

(Case T-335/07)

Community trade mark – Application for the Community word mark Patentconsult – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods (Council Regulation No 40/94, Art. 7(1)(c)) (see paras 20, 22, 25)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 25 June 2007 (Case R 299/2007-4) concerning the registration of the word sign Patentconsult as a Community trade mark.

Information relating to the case

Applicants for the Community trade mark:	Volker Mergel, Klaus Kampfenkel, Burkart Bill and Andreas Herden
Community trade mark sought:	Word mark Patentconsult for services in Classes 35, 41 and 42 – Application No 4439774
Decision of the examiner:	Registration refused
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

1. Dismisses the action;

2. Orders Mr Volker Mergel, Mr Klaus Kampfenkel, Mr Burkart Bill and Mr Andreas Herden to pay the costs.