Judgment of the General Court (First Chamber) of 30 November 2011 – Hartmann v OHIM (Complete)

(Case T-123/10)

Community trade mark – Application for Community word mark Complete – Absolute grounds for refusal – Lack of distinctive character – Descriptive character – Statement of reasons – Goods forming a homogenous group – Article 7(1)(b) and (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 which may serve to designate the characteristics of goods (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 23, 25, 29, 36)

2.                     Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Separate examination of the grounds for refusal in relation to each of the products or services covered by the application for registration – Duty to state reasons for the refusal to register – Scope (Council Regulation No 207/2009, Art. 7(1)) (see paras 15-18)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 20 January 2010 (Case R 601/2009-4) concerning an application to register the word mark “Complete” as a Community trade mark.

Operative part

The Court:

1. Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 20 January 2010 (Case R 601/2009-4);

2. Orders OHIM to bear its own costs and to pay the costs incurred by Paul Hartmann AG, including the indispensable costs incurred by the latter in the procedure before the Board of Appeal.