Judgment of the General Court of 16 January 2013 - Spectrum Brands (UK) v OHIM - Philips (STEAM GLIDE)
(Case T-544/11)
(Community trade mark - Invalidity proceedings - Community word mark STEAM GLIDE - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009)
Language of the case: English
Parties
Applicant: Spectrum Brands (UK) Ltd (Manchester, United Kingdom) (represented by: S. Malynicz, Barrister)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by: D. Botis, subsequently by G. Schneider and, finally, by G. Schneider and A. Folliard-Monguiral, Agents)
Other party to the proceedings intervening before the Board of Appeal of OHIM: Koninklijke Philips Electronics NV (Eindhoven, Netherlands) (represented by: L. Alonso Domingo, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 14 July 2011 (Case R 1289/2010-1), concerning invalidity proceedings between Koninklijke Philips Electronics NV and Spectrum Brands (UK) Ltd.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Spectrum Brands (UK) Ltd to pay, in addition to its own costs, the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and by Koninklijke Philips Electronics NV.
____________1 - OJ C 6, 7.1.2012.