Judgment of the General Court of 17 April 2013 – Continental Bulldog Club Deutschland v OHIM (CONTINENTAL)

(Case T-383/10) ¹

(Community trade mark – Application for Community word mark CONTINENTAL – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 207/2009)

Language of the case: German

Parties

Applicant: Continental Bulldog Club Deutschland eV (Berlin, Germany) (represented: initially by S. Vollmer, and subsequently by U. Rühl, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by S. Schäffner, and subsequently by D. Walicka, Agents)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 23 June 2010 (R 300/2010-1), concerning an application for registration of the word mark CONTINENTAL as a Community trade mark

Operative part of the judgment

The Court:

1.    Dismisses the action;

2.    Orders Continental Bulldog Club Deutschland eV to pay the costs.

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¹     OJ C 301, 6.11.2010.