Judgment of the General Court (Fifth Chamber) of 9 September 2010 – Nadine Trautwein Rolf Trautwein v OHIM (Hunter)

(Case T-505/08)

Community trade mark – Application for Community word mark Hunter – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009) – Restriction of the goods designated in the trade mark application)

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 40/94, Art. 7(1)(c)) (see paras 35, 40, 52)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 17 September 2008, as corrected on 5 February 2009 (Case R 1733/2007-1), concerning an application for registration as a Community trade mark of the word sign Hunter.

Information relating to the case

Applicant for the Community trade mark:	Nadine Trautwein Rolf Trautwein GbR, Research and Development
Community trade mark sought:	Word mark Hunter for goods in Classes 18 to 25 – Application No 4829347
Decision of the examiner:	Registration refused
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

1. Dismisses the action;

2. Orders Nadine Trautwein Rolf Trautwein GbR, Research and Development to pay the costs.