Judgment of the General Court (First Chamber) of 28 April 2015 —
Saferoad RRS v OHIM (MEGARAIL)
(Case T‑137/13)
Community trade mark — Application for Community word mark MEGARAIL — 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 — Aim — Need to preserve availability (Council Regulation No 207/2009, Art. 7(1)(c)) (see para. 20)
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 — Concept (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 21, 22)
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 mark MEGARAIL (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 30-44, 47-56, 62-65)
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 57-59)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 9 January 2013 (Case R 2536/2011-4) relating to the application for registration of the word sign MEGARAIL as a Community trade mark. |
Operative part
The Court:
2. | | Orders Saferoad RRS GmbH to pay the costs. |