Judgment of the General Court (Eighth Chamber) of 21 May 2014 —
Bateaux mouches v OHIM (BATEAUX-MOUCHES)
(Case T‑553/12)
Community trade mark — Application for figurative Community trade mark BATEAUX-MOUCHES — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Descriptive character — Article 7(1)(c) of Regulation No 207/2009 — No distinctive character acquired through use — Article 7(3) of Regulation No 207/2009
1. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Relevant date for examining an absolute ground for refusal — Date of lodging the application for registration (Council Regulation No 207/2009, Art. 7(1)) (see para. 23)
2. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Separate examination of the various grounds for refusal — Interpretation of the grounds for refusal in the light of the public interest underlying each of them (Council Regulation No 207/2009, Art. 7(1)(b)) (see para. 32)
3. 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 33-36)
4. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Exception — Distinctive character acquired through use — Criteria for assessment (Council Regulation No 207/2009, Art. 7(3)) (see paras 58-61)
5. Community trade mark — Definition and acquisition of the Community trade mark — Assessment of the registrability of a sign — EU rules only taken into account — Earlier registration of the mark in certain Member States or third countries — Decisions not binding EU bodies (Council Regulation No 207/2009; European Parliament and Council Directive 2008/95) (see para. 72)
6. Community trade mark — Decisions of the Office — Legality — Examination by the EU judicature — Criteria (Council Regulation No 207/2009) (see para. 74)
7. Community trade mark — Decisions of the Office — Principle of equal treatment — Principle of sound administration — OHIM’s previous decision-making practice (see para. 74)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 9 October 2012 (Case R 1709/2011‑2) concerning an application for registration of the figurative sign BATEAUX-MOUCHES as a Community trade mark. |
Operative part
The Court:
2. | | Orders Compagnie des bateaux mouches SA to pay the costs. |