Order of the General Court (Seventh Chamber) of 24 June 2015 —
Wm. Wrigley Jr. v OHIM (Extra)
(Case T‑552/14)
Community trade mark — Application for Community figurative mark Extra — Absolute grounds for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Action manifestly lacking any foundation in law
1. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Concept (Council Regulation No 207/2009, Art. 7(1)(b)) (see para. 13)
2. 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 14, 17)
3. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Composite 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 paras 15, 16)
4. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Figurative mark Extra (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 19, 21)
5. Community trade mark — Decisions of the Office — Principle of equal treatment — Principle of sound administration — OHIM’s previous decision-making practice — Principle of legality — Need for a strict and complete examination in each particular case (Council Regulation No 207/2009) (see para. 27)
Re:
| ACTION brought against the decision of the Fifth Board of Appeal of OHIM of 19 May 2014 (Case R 199/2014‑5) relating to an application for registration of the figurative sign Extra as a Community trade mark. |
Operative part
1. | | The action is dismissed. |
2. | | Wm. Wrigley Jr. Company is ordered to pay the costs. |