Judgment of the General Court (Second Chamber) of 28 June 2011 – ReValue Immobilienberatung v OHIM (ReValue)

(Case T-487/09)

Community trade mark – Application for the Community figurative mark ReValue – Application refused in part – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 207/2009 – Duty to state reasons – Article 75 of Regulation No 207/2009

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications capable of designating the characteristics of a service (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 58, 69-73)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 7 October 2009 (Case R 531/2009-4) concerning an application for registration of the figurative sign ReValue as a Community trade mark.

Information relating to the case

Applicant for the Community trade mark:	ReValue Immobilienberatung GmbH
Community trade mark sought:	Figurative mark ReValue for services in Classes 35, 36, 42 and 45 – Application No 6784292
Decision of the examiner:	Registration refused in part
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

1. Dismisses the action;

2. Orders ReValue Immobilienberatung GmbH to pay the costs.