ECLI:EU:T:2003:267

«(Community trade mark – Regulation (EC) No 40/94 – OLDENBURGER – Absolute ground for refusal – Descriptive character – Geographical origin – Articles 7(1)(c) and 7(2) – Limitation of the right conferred – Article 12(b) – Statement as to the scope of protection – Article 38(2))» Summary of the Judgment 1.. Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Trade marks which consist exclusively of signs or indications which may serve to designate the characteristics of the goods – OLDENBURGER (Council Regulation No 40/94, Art. 7(1)(c)) 2.. Community trade mark – Effects of a Community trade mark – Limitations – Article 12(b) of Regulation No 40/94 – Purpose – Conditions of application – Existence of a validly registered trade mark (Council Regulation No 40/94, Arts 7(1)(c) and 12(b)) 3.. Community trade mark – Registration procedure – Examination of the application – Trade mark containing an element which is devoid of distinctive character – Option for the Office to request a statement relating to that element – Scope (Council Regulation No 40/94, Art. 38(2)) JUDGMENT OF THE COURT OF FIRST INSTANCE (Fourth Chamber)15 October 2003 (1) ((Community trade mark – Regulation (EC) No 40/94 – OLDENBURGER – Absolute ground for refusal – Descriptive character – Geographical origin – Articles 7(1)(c) and 7(2) – Limitation of the right conferred – Article 12(b) – Statement as to the scope of protection – Article 38(2))) applicant, v defendant, THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Fourth Chamber), having regard to the written procedure and further to the hearing on 26 March 2003, gives the following On those grounds, THE COURT OF FIRST INSTANCE (Fourth Chamber) Tiili Mengozzi Vilaras H. Jung V. Tiili Registrar President 1 – Language of the case: German.