Judgment of the General Court of 23 October 2015 — Trekstor v OHIM — MSI Technology (MovieStation)
(Case T-636/13) 1
(Community trade mark — Invalidity proceedings — Community word mark MovieStation — Absolute grounds for refusal — Lack of distinctive character — Descriptive character — Article 7(1(b) and (c) of Regulation (EC) No 207/2009 — Article 52 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: G. Schneider and A. Schifko, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM: MSI Technology GmbH (Frankfurt-am-Main, Germany) (represented by: T. Lieb, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 24 September 2013 (Case R 1914/2012-4), relating to invalidity proceedings between TrekStor Ltd and MSI Technology GmbH.
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);
3. Orders MSI Technology GmbH to bear its own costs.
____________1 OJ C 39, 8.2.2014