Judgment of the General Court (First Chamber) of 18 November 2014 —
Think Schuhwerk v OHIM — Müller (VOODOO)
(Case T‑50/13)
Community trade mark — Invalidity proceedings — Community word mark VOODOO — Absolute grounds for refusal — Lack of descriptive character — Distinctive character — Article 7(1)(b) and (c)of Regulation (EC) No 207/2009 — Bad faith — Article 52(1)(b) of Regulation 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 which may serve to designate the characteristics of goods — Assessment of the descriptive nature of a sign — Criteria (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 18-20)
2. Community trade mark — Surrender, revocation and invalidity — Absolute grounds for invalidity — Registration contrary to Article 7(1)(c) of Regulation No 207/2009 — Word mark VOODOO (Council Regulation No 207/2009, Arts 7(1)(c), and 52(1)(a)) (see paras 22, 26-28, 33-35)
3. 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 (Council Regulation No 207/2009, Art. 65) (see para. 29)
4. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Assessment of distinctive character — Criteria (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 45-47)
5. Community trade mark — Definition and acquisition of the Community trade mark — Prior registration of the trade mark in certain Member States — Effect (Council Regulation No 207/2009) (see para. 52)
6. Community trade mark — Surrender, revocation and invalidity — Absolute grounds for invalidity — Applicant in bad faith at the time of lodging the trade mark application — Criteria for assessment (Council Regulation No 207/2009, Art. 52(1)(b)) (see para. 55)
7. Community trade mark — Surrender, revocation and invalidity — Absolute grounds for invalidity — Applicant in bad faith at the time of lodging the trade mark application — Word mark VOODOO (Council Regulation No 207/2009, Art. 52(1)(b)) (see paras 58-60)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 14 November 2012 (Case R 474/2012‑4) concerning invalidity proceedings between Think Schuhwerk GmbH and Mr Andreas Müller. |
Operative part
The Court:
2. | | Orders Think Schuhwerk GmbH to pay the costs. |