Judgment of the General Court (Second Chamber) of 6 February 2013 — Maharishi Foundation v OHIM (TRANSCENDENTAL MEDITATION)
(Case T‑412/11)
Community trade mark — Application for Community word mark TRANSCENDENTAL MEDITATION — Absolute grounds for refusal — Decision of the Board of Appeal remitting the case to the Examination Division — Article 65(4) of Regulation (EC) No 207/2009 — Admissibility — Descriptive character — Article 7(1)(c) of Regulation No 207/2009 — Relevant public
1. Community trade mark — Appeals procedure — Persons entitled to appeal and to be parties to the proceedings — Persons whose claims not upheld by a decision — Decision remitting the case to the lower instance body for reexamination (Council Regulation No 207/2009, Art. 65(4)) (see paras 19, 21, 22)
2. 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 — Exception — Acquisition of distinctiveness through use — Mark devoid of distinctive character in part of the Union — Acquisition of distinctive character in that same part (Council Regulation No 207/2009, Art. 7(3)) (see paras 27, 28)
3. Community trade mark — Appeals procedure — Appeals before the Community judicature — Jurisdiction of the General Court — Re-evaluation of the facts in the light of evidence produced for the first time before it — Exclusion (Council Regulation No 207/2009, Art. 65) (see para. 36)
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 — Aim — Need to preserve availability (Council Regulation No 207/2009, Art. 7(1)(c)) (see para. 51)
5. 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 (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 52, 53)
6. 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 — Word mark TRANSCENDENTAL MEDITATION (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 69, 91)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 24 March 2011 (Case R 1293/2010-2), concerning an application for registration of the word sign TRANSCENDENTAL MEDITATION as a Community trade mark. |
Operative part
The Court:
2. | | Orders Maharishi Foundation Ltd to pay the costs. |