Judgment of the General Court of 17 January 2012 - Hamberger Industriewerke v OHIM (Atrium)

(Case T-513/10) 

(Community trade mark - Application for the Community word mark Atrium - Absolute ground for refusal - Descriptive character - Lack of distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)

Language of the case: German

Parties

Applicant: Hamberger Industriewerke GmbH (Stephanskirchen, Germany) (represented by: T. Schmidpeter, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially S. Schäffner and R. Manea and subsequently G. Schneider, acting as Agents)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 26 August 2010 (Case R 291/2010-4), concerning an application for registration of the word mark Atrium as a Community trade mark

Operative part of the judgment

The Court:

1.    dismisses the action;

2.    orders Hamberger Industriewerke GmbH to pay the costs.

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¹ - OJ C 13, 15.1.2011.