Judgment of the General Court (Fourth Chamber) of 17 January 2012 – Hamberger Industriewerke v OHIM (Atrium)

(Case T-513/10)

Community trade mark – Application for the Community word mark Atrium – Absolute ground for refusal – Descriptive character – Lack of distinctive character – Article 7(1)(b) and (c) of Regulation (EC) 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 which may serve to designate the characteristics of goods (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 15-20)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 26 August 2010 (Case R 291/2010-4), concerning an application for registration of the word mark Atrium as a Community trade mark.

Operative part

The Court:

1. Dismisses the action;

2. Orders Hamberger Industriewerke GmbH to pay the costs.