Judgment of the General Court of 23 October 2015 — Trekstor v OHIM (SmartTV Station)
(Case T-649/13) 1
(Community trade mark — Application for Community word mark SmartTV Station — Absolute grounds for refusal — Lack of distinctive character — Descriptive character — Article 7(1(b) and (c) of Regulation (EC) No 207/2009 — Article 7(3) of Regulation No 207/2009)
Language of the case: German
Parties
Applicant: TrekStor Ltd (Hong Kong, China) (represented by: O. Spieker and M. Alber, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially M. Fischer, then G. Schneider and A. Schifko, acting as Agents)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 1 October 2013 (Case R 128/2013-4), concerning an application for registration of the word sign SmartTV Station as a Community trade mark.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders TrekStor Ltd to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
____________1 OJ C 39, 8.2.2014