Judgment of the General Court (Seventh Chamber) of 24 June 2014 —
1872 Holdings v OHIM — Havana Club International (THE SPIRIT OF CUBA)
(Case T‑207/13)
Community trade mark — Invalidity proceedings — Community word mark THE SPIRIT OF CUBA — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009
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 — Criteria (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 11-14)
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 — Word mark THE SPIRIT OF CUBA (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 19, 24-29)
3. Community trade mark — Definition and acquisition of the Community trade mark — Assessment of the registrability of a sign — EU rules only taken into account — Earlier registration of the mark in certain Member States or third countries — Decisions not binding EU bodies (Council Regulation No 207/2009) (see para. 32)
4. 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 (see paras 35, 36)
5. 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. 39)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 31 January 2013 (Case R 684/2012-1) concerning invalidity proceedings between Havana Club International SA and 1872 Holdings vof. |
Operative part
The Court:
2. | | Orders 1872 Holdings vof to pay the costs. |