Judgment of the General Court (Seventh Chamber) of 14 November 2013 —
Efag Trade Mark Company v OHIM (FICKEN LIQUORS)
(Case T‑54/13)
Community trade mark — Application for figurative Community trade mark FICKEN LIQUORS — Absolute ground for refusal — Mark contrary to public policy or to accepted principles of morality — Article 7(1)(f) of Regulation (EC) No 207/2009
1. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Trade marks contrary to public policy or to accepted principles of morality — Examination by reference to the perception of the sign by the relevant public (Council Regulation No 207/2009, Art. 7(1)(f)) (see paras 12, 21‑23)
2. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Trade marks contrary to public policy or to accepted principles of morality — Figurative mark FICKEN LIQUORS (Council Regulation No 207/2009, Art. 7(1)(f)) (see paras 13‑38)
3. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Trade marks contrary to public policy or to accepted principles of morality — Concept (Council Regulation No 207/2009, Art. 7(1)(f)) (see para. 19)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 15 November 2012 (Case R 2544/2011‑1) concerning an application for registration of the figurative mark FICKEN LIQUORS as a Community trade mark. |
Operative part
The Court:
2. | | Orders Efag Trade Mark Company GmbH & Co. KG to pay the costs. |