Judgment of the General Court of 4 December 2014 — Sales & Solutions v OHIM — Inceda (WATT and WATT)
(Case T-494/13 and T-495/13) 1
(Community trade mark — Invalidity proceedings —Community figurative trade mark Watt and Community word mark Watt — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009)
Language of the case: German
Parties
Applicant: Sales & Solutions GmbH (Frankfurt am Main, Germany) (represented by: K. Gründig-Schnelle, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Inceda Holding GmbH (Cologne, Germany) (represented by: J. Wald and D. Thrun, lawyers)
Re:
In Case T-494/13, action brought against the decision of the Fourth Board of Appeal of OHIM of 15 July 2013 (Case R 1192/2012-4), and, in Case T-495/13, action brought against the decision of the Fourth Board of Appeal of OHIM of 15 July 2013 (Case R 1193/2012-4), concerning invalidity proceedings between Inceda Holding GmbH and Sales & Solutions GmbH.
Operative part of the judgment
The Court:
1. Dismisses the actions;
2. Orders Sales & Solutions GmbH to bear its own costs as well as those of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and of Inceda Holding GmbH in Joined Cases T-494/13 and T-495/13.
________________________1 OJ C 344, 23.11.2013.