Judgment of the General Court of 30 January 2015 — Siemag Tecberg Group v OHIM (Winder Controls)
(Case T-593/13) 1
(Community trade mark — Application for Community word mark Winder Controls — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(c) and (b) and Article 7(2) of Regulation (EC) No ° 207/2009 — Article 135a of the Rules of Procedure of the General Court — Request for a hearing made prematurely in the application)
Language of the case: German
Parties
Applicant: Siemag Tecberg Group GmbH (Haiger, Germany) (represented by: T. Sommer, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, Agent)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 5 September 2013 (Case R 1261/2013-4), concerning an application for registration of the word sign Winder Controls as a Community trade mark.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Siemag Tecberg Group GmbH to bear its own expenses and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
________________________1 OJ C 31, 1.2.2014.