Judgment of the General Court of 2 February 2012 - skytron energy v OHIM (arraybox)
(Case T-321/09)
(Community trade mark - Application for Community word mark arraybox - Absolute ground for refusal - Descriptive character - Lack of distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)
Language of the case: German
Parties
Applicant: skytron energy GmbH & Co. KG (Berlin, Germany) (represented by: H.J. Omsels and C. Danziger, 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 First Board of Appeal of OHIM of 4 June 2009 (Case R 1680/2008-1) concerning an application for registration of the word sign arraybox as a Community trade mark.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders skytron energy GmbH & Co. KG to pay the costs.
____________1 - OJ C 267, 7.11.2009.