Judgment of the General Court of 8 September 2015 — Gold Crest v OHIM (MIGHTY BRIGHT)
(Case T-714/13) 1
(Community trade mark — Application for the Community word mark MIGHTY BRIGHT — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009)
Language of the case: English
Parties
Applicant: Gold Crest LLC (Goleta, United States) (represented by: P. Rath and W. Festl-Wietek, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Bonne, acting as Agent)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 8 October 2013 (Case R 2038/2012-2) concerning an application for registration of the word sign MIGHTY BRIGHT as a Community trade mark.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Gold Crest LLC to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
____________1 OJ C 61, 1.3.2014.