Judgment of the General Court (Third Chamber) of 19 September 2012 — Fraas v OHIM (Tartan pattern in dark grey, light grey, black, beige, dark red and light red)
(Case T‑50/11)
Community trade mark — Application for a figurative Community trade mark representing a tartan pattern in dark grey, light grey, black, beige, dark red and light red — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b), Article 75 and Article 76(1) of Regulation (EC) No 207/2009
1. Community trade mark — Procedural provisions — Statement of reasons for decisions — Article 75, first sentence, of Regulation No 207/2009 — Scope identical to that of Article 296 TFEU (Art. 296 TFEU; Council Regulation No 207/2009, Art. 75, first sentence) (see para. 14)
2. Community trade mark — Procedural provisions — Statement of reasons for decisions (Council Regulation No 207/2009, Art. 75) (see paras 15-17)
3. Community trade mark — Procedural provisions — Examination of the facts of the Office’s own motion — Scope — No obligation to prove matters within common knowledge (Council Regulation No 207/2009, Art. 76(1)) (see paras 26-27)
4. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Figurative mark representing a tartan pattern in dark grey, light grey, black, beige, dark red and light red (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 45-75)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 15 November 2010 (Case R 1316/2010-4) concerning an application for registration of a figurative sign representing a tartan pattern in dark grey, light grey, black, beige, dark red and light red as a Community trade mark. |
Operative part
The Court:
2. | | Orders V. Fraas GmbH to pay the costs. |