Judgment of the General Court of 16 October 2012 - Monier Roofing Components v OHIM (CLIMA COMFORT)
(Case T-371/11)
(Community trade mark - Application for the Community word mark CLIMA COMFORT - Absolute ground for refusal - Lack of distinctiveness - Article 7(1)(b) of Regulation (EC) No 207/2009 - Right to be heard - Second sentence of Article 75 of Regulation No 207/2009 - Ex officio examination of the facts - Article 76(1) of Regulation No 207/2009)
Language of the case: German
Parties
Applicant: Monier Roofing Components (Oberursel, Germany) (represented by: F. Ekey, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Pohlmann, Agent)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 28 April 2011 (Case R 2026/2010-1), concerning an application for registration of the word sign CLIMA COMFORT as a Community trade mark.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Monier Roofing Components GmbH to pay the costs.
____________1 - OJ C 269, 10.9.2011.