Judgment of the General Court (Sixth Chamber) of 8 February 2013 — Piotrowski v OHIM (MEDIGYM)
(Case T‑33/12)
Community trade mark — International registration designating the European Community — Word mark MEDIGYM — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009 — Right to a hearing — Second sentence of Article 75 of Regulation No 207/2009
1. Community trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Re-evaluation of the facts in the light of evidence produced for the first time before it — Exclusion (Rules of Procedure of the General Court, Art. 135(4); Council Regulation No 207/2009, Art. 65) (see para. 11)
2. Community trade mark — Procedural provisions — Decisions of the Office — Observance of the rights of the defence — Scope of the principle (Council Regulation No 207/2009, Art. 75, second sentence) (see paras 16-19)
3. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods — Criteria (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 29-31, 34, 43, 45)
4. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods — Concept — Mark composed of a word or neologism resulting from a combination of elements (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 32, 33)
5. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service — Word mark MEDIGYM (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 36, 49, 52, 53, 56, 57)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 18 November 2011 (Case R 734/2011-4) concerning an international registration designating the European Community of the word sign MEDIGYM. |
Operative part
The Court:
2. | | Orders Ms Elke Piotrowski to pay the costs. |