Community trade mark - Invalidity proceedings - Community word mark AK 47 - Absolute ground for refusal - Descriptive character - Article 7(1)(c) and Article 52(1)(a) of Regulation (EC) No 207/2009.

Judgment of the General Court (Sixth Chamber) of 24 March 2011 – CheckMobile v OHIM (carcheck) (Case T-14/10) Community trade mark – Application for the Community word mark carcheck – Absolute ground 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 19-20, 25-26, 28) Re: ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 18 November 2009 (Case R 595/2009-4), relating to an application for registration as a Community trade mark of the word sign carcheck. Information relating to the case Applicant for the Community trade mark: CheckMobile GmbH – The Process Solution Company Community trade mark sought: Word mark car check for goods and services in Classes 9, 16, 35, 36, 38, 41, 42 and 45 – Application No 7368681 Decision of the examiner: Partial refusal of registration Decision of the Board of Appeal: Partial annulment of the Examiner’s Decision Operative part The Court: 1. Dismisses the action; 2. Orders CheckMobile GmbH – The Process Solution Company to pay the costs.