Judgment of the General Court of 21 November 2013 – Heede v OHIM (Matrix-Energetics)

(Case T-313/11) ¹

(Community trade mark – Application for Community word mark Matrix-Energetics – Absolute grounds for refusal – Descriptive character – Relevant public – Date of the determination of the descriptive character – Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)

Language of the case: German

Parties

Applicant: Günter Heede (Walldorf-Baden) (represented by: R. Utz, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: K. Klüpfel, Agent)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 8 April 2011 (Case R 1848/2010-4) concerning the application for registration of the word sign Matrix-Energetics as a Community word mark.

Operative part of the judgment

The Court:

1.    Dismisses the action;

2.    Orders Mr Günter Heede to pay the costs.

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¹     OJ C 238, 13.8.2011.