Judgment of the General Court of 12 October 2010 - Asenbaum v OHIM (WIENER WERKSTÄTTE)

(Joined Cases T-230/08 and T-231/08) ¹

(Community trade mark - Applications for Community word mark WIENER WERKSTÄTTE - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009))

Language of the case: German

Parties

Applicant: Paul Asenbaum (Vienna, Austria) (represented by: P. Vögel and E. Ploil, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner, Agent)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 10 April 2008 (Cases R 1573/2006-4 and R-1571/2006-4) concerning two applications for registration of the word sign WIENER WERKSTÄTTE as a Community trade mark.

Operative part of the judgment

The Court:

1.    Orders that Cases T-230/08 and T-231/08 shall be joined for the purposes of the judgment;

2.    Dismisses the actions.

3.    Orders Mr Asenbaum to pay the costs.

____________

¹ - OJ C 223, 30.8.2008.