Judgment of the General Court (Third Chamber) of 14 December 2011 – Vuitton Malletier v OHIM – Friis Group International (Representation of a locking device)

(Case T-237/10)

Community trade mark – Invalidity proceedings – Distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009 – No distinctive character acquired through use – Article 7(3) of Regulation (EC) No 207/2009

Community trade mark – Surrender, revocation and invalidity – Absolute grounds of invalidity – Registration contrary to Article 7(1)(b) of Regulation No 207/2009 – No distinctive character acquired through use (Council Regulation No 207/2009, Arts 7(1)(b) and (3), and 52(1)(a) and (2)) (see paras 22, 43, 46, 68, 70, 73, 75, 79, 81-82, 99-101)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 24 February 2010 (Case R 1590/2008-1) concerning invalidity proceedings between Friis Group International Aps and Louis Vuitton Malletier.

Operative part

The Court:

1. Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 24 February 2010 (Case R 1590/2008-1) in so far as it declared Community trade mark number 3 693 116 invalid for ‘Jewellery, including rings, keyrings, buckles and earrings, cuff links, bracelets, trinkets, brooches, necklaces, ties pins, ornaments, medallions; horological and chronometric instruments and apparatus, including watches, watchcases, alarm clocks; nutcrackers in precious metals, their alloys or coated therewith, candlesticks in precious metals, their alloys or coated therewith’ in Class 14 and ‘leather and imitations of leather’ and ‘umbrellas’ in Class 18;

2. Dismisses the action as to the remainder;

3. Orders Louis Vuitton Malletier, Friis Group International ApS and OHIM each to bear the costs they have incurred in the course of the proceeding before the General Court.