Community trade mark — Application for the Community word mark CLIMA COMFORT — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EC) No 207/2009 — Right to be heard — Second sentence of Article 75 of Regulation No 207/2009 — Ex officio examination of the facts — Article 76(1) of Regulation No 207/2009

Judgment of the General Court (Fourth Chamber) of 16 October 2012 — Monier Roofing Components v OHIM (CLIMA COMFORT) (Case T-371/11) Community trade mark — Application for the Community word mark CLIMA COMFORT — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EC) No 207/2009 — Right to be heard — Second sentence of Article 75 of Regulation No 207/2009 — Ex officio examination of the facts — Article 76(1) of Regulation No 207/2009 1.                     Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Assessment of distinctive character — Criteria (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 13, 18, 19, 36) 2.                     Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Word mark CLIMA COMFORT (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 14, 25-29, 32-43) Re: ACTION brought against the decision of the First Board of Appeal of OHIM of 28 April 2011 (Case R 2026/2010-1), concerning an application for registration of the word sign CLIMA COMFORT as a Community trade mark. Operative part The Court: 1. Dismisses the action; 2. Orders Monier Roofing Components GmbH to pay the costs.