Judgment of the General Court (Fourth Chamber) of 6 March 2012 — ThyssenKrupp Steel Europe v OHIM (Highprotect)

(Case T‑565/10)

Community trade mark — Application for Community word mark Highprotect — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009

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 207/2009, Art. 7(1)(c)) (see paras 15-18)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 30 September 2010 (Decision R 1038/2010‑1), concerning an application for registration of the word mark Highprotect as a Community trade mark.

Operative part

The Court:

1. Dismisses the action;

2. Orders ThyssenKrupp Steel Europe AG to pay the costs.