Judgment of the General Court (Sixth Chamber) of 6 June 2013 — Delphi Technologies v OHIM (INNOVATION FOR THE REAL WORLD)
(Case T‑515/11)
Community trade mark — Application for Community word mark INNOVATION FOR THE REAL WORLD — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) 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 15, 16)
2. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Marks constituted of advertising slogans — Distinctive character — Application of specific criteria for assessment (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 17, 18, 36)
3. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Word mark INNOVATION FOR THE REAL WORLD (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 20-24, 32, 33, 37, 38, 43)
4. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Trade mark made up of several elements — Possible for the competent authority to examine each of the elements making up the trade mark — Need to take account of the overall perception of the combination by the relevant public (Council Regulation No 207/2009, Art. 7(1)(b)) (see para. 29)
5. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Marks constituted of advertising slogans — Flattering promotional formula (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 34-36)
6. Community trade mark — Decisions of the Office — Principle of equal treatment — Principle of sound administration — OHIM’s previous decision-making practice (see para. 68)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 23 June 2011 (Case 1967/2010-2) concerning an application for the registration of the word mark INNOVATION FOR THE REAL WORLD as a Community trade mark. |
Operative part
The Court:
2. | | Orders Delphi Technologies, Inc. to pay the costs. |