Community trade mark -Application for the Community figurative mark ReValue - Application refused in part - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009 - Obligation to state the reasons on which the decision is based - Article 75 of Regulation No 207/2009.

Judgment of the General Court (Second Chamber) of 28 June 2011 – ReValue Immobilienberatung v OHIM (ReValue) (Case T-487/09) Community trade mark – Application for the Community figurative mark ReValue – Application refused in part – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 207/2009 – Duty to state reasons – Article 75 of Regulation 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 capable of designating the characteristics of a service (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 58, 69-73) Re: ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 7 October 2009 (Case R 531/2009-4) concerning an application for registration of the figurative sign ReValue as a Community trade mark. Information relating to the case Applicant for the Community trade mark: ReValue Immobilienberatung GmbH Community trade mark sought: Figurative mark ReValue for services in Classes 35, 36, 42 and 45 – Application No 6784292 Decision of the examiner: Registration refused in part Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Dismisses the action; 2. Orders ReValue Immobilienberatung GmbH to pay the costs.