Judgment of the Court of First Instance (Fifth Chamber) of 22 May 2008 – Radio Regenbogen Hörfunk in Baden v OHIM (RadioCom)

(Case T-254/06)

Community trade mark – Application for Community word mark RadioCom – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods (Council Regulation No 40/94, Art. 7(1)(c)) (see paras 40, 45, 48, 51, 54)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 7 July 2006 (Case R 1266/2005‑1) concerning an application for registration of the word mark RadioCom as a Community trade mark.

Information relating to the case

Applicant for the Community trade mark:	Radio Regenbogen Hörfunk in Baden Geschäftsführungs-GmbH
Community trade mark sought:	Word mark RadioCom for services in Classes 35, 38 and 41 – Application No 3986023
Decision of the examiner:	Registration refused
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

1. Dismisses the action;

2. Orders Radio Regenbogen Hörfunk in Baden Geschäftsführungs-GmbH to pay the costs.