Judgment of the General Court (Fourth Chamber) of 24 April 2012 — Leifheit v OHIM (EcoPerfect)

(Case T-328/11)

Community trade mark — Application for Community word mark EcoPerfect — Absolute grounds for refusal — Descriptive character — Article 7(1)(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 20, 35, 49, 58, 63)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 31 March 2011 (Case R 1658/2010‑1) concerning an application for registration of the word sign EcoPerfect as a Community trade mark.

Operative part

The Court:

1. Dismisses the application;

2. Orders Leifheit AG to pay the costs.