Judgment of the General Court of 30 November 2011 - Hartmann v OHIM (Complete)
(Case T-123/10)
(Community trade mark - Application for Community word mark "Complete" - Absolute grounds for refusal - Lack of distinctive character - Descriptive character - Statement of reasons - Goods forming a homogenous group - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)
Language of the case: German
Parties
Applicant: Paul Hartmann AG (Heidenheim an der Brenz, Germany) (represented by N. Aicher, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by: B. Schmidt and later by: R. Manea and R. Pethke, Agents)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 20 January 2010 (Case R 601/2009-4) concerning an application to register the word mark "Complete" 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 20 January 2010 (Case R 601/2009-4);
2. Orders OHIM to bear its own costs and to pay the costs incurred by Paul Hartmann AG, including the indispensable costs incurred by the latter in the procedure before the Appeals Chamber.
____________1 - OJ C 134, 22.5.2010.