ECLI:EU:T:2007:385

Judgment of the Court of First Instance (Second Chamber) of 12 December 2007 – DeTeMedien v OHIM (suchen.de) (Case T-117/06) (Community trade mark – Application for the Community word mark suchen.de – Absolute ground for refusal – Lack of distinctive character – Domain name – Article 7(1)(b) and (c) of Regulation (EC) No 40/94 Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 30, 32-33, 37-38) Re: ACTION brought against the decision of the First Board of Appeal of OHIM of 30 January 2006 (Case R 287/2005-1) concerning an application for registration of the word sign suchen.de as a Community trade mark. Information relating to the case Applicant for the Community trade mark: DeTeMedien Deutsche Telekom Medien GmbH Community trade mark sought: Word mark suchen.de for goods and services in Classes 9, 16, 35, 36, 38 and 42 – Application No 3915329 Decision of the Examiner: Registration partially refused Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Dismisses the action; 2. Orders DeTeMedien Deutsche Telekom Medien GmbH to pay the costs.