Judgment of the General Court (Sixth Chamber) of 30 January 2015 — Siemag Tecberg Group v OHIM (Winder Controls)
(Case T‑593/13)
Community trade mark — Application for Community word mark Winder Controls — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(c) and (b) and Article 7(2) of Regulation (EC) No ° 207/2009 — Article 135a of the Rules of Procedure of the General Court — Request for a hearing made prematurely in the application
1. 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 — Aim — Need to preserve availability (Council Regulation No 207/2009, Art. 7(1)(c)) (see para. 24)
2. 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 — Criteria (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 25-27)
3. 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 composed of elements describing characteristics of the goods or services concerned — Whether included where the nature of the combination is not unusual (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 28, 29)
4. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Separate examination of the grounds for refusal in relation to each of the goods or services covered by the application for registration — Obligation to state the reasons for refusing to register — Scope (Council Regulation No 207/2009, Arts 7(1), and 75) (see paras 30-32)
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 Winder Controls (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 37-40, 42)
6. 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 — Concept (Council Regulation No 207/2009, Art. 7(1)(c)) (see para. 47)
7. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Separate examination of the various grounds for refusal — Overlap between the scope of the grounds for refusal set out in subparagraphs (b) and (c) of Article 7(1) of Regulation No 207/2009 (Council Regulation No 207/2009, Art. 7(1)(b) and (c)) (see para. 52)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 5 September 2013 (Case R 1261/2013-4), concerning an application for registration of the word sign Winder Controls as a Community trade mark. |
Operative part
The Court:
2. | | Orders Siemag Tecberg Group GmbH to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). |