Judgment of the General Court of 3 March 2015 — Schmidt Spiele v OHIM (Representation of boards for parlour games)
(Joined Cases T-492/13 and T-493/13) 1
(Community trade mark — Applications for figurative Community trade marks representing boards for parlour games — Absolute grounds for refusal — Lack of distinctive character — Regulation (EC) No 207/2009, Article 7(1)(b) and Article 7(3))
Language of the case: German
Parties
Applicant: Schmidt Spiele (Berlin, Germany) (represented by: T. Sommer, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Schifko, Agent)
Re:
Action brought against the decisions of the First Board of Appeal of OHIM of 3 July 2013 (Cases R 1767/2012-1 and R 1768/2012-1), relating to applications for registration as Community trade marks of figurative marks representing boards for parlour games.
Operative part of the judgment
The Court:
Annuls the decisions of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 3 July 2013 (Cases R 1767/2012-1 and R 1768/2012-1), in so far as they dismiss the applications of Schmidt Spiele GmbH for goods and services other than ‘computers’, ‘ (programs for) computer games ; programs for video games recorded on cartridges, disks, CD-ROM, cassettes, tapes and mini-disks’, ‘computer software [recorded programs]; computer programs (downloadable); computer software [recorded programs]’, in Class 9, ‘goods made from paper and cardboard (included in Class 16); matter printed in colour’, in Class 16, ‘games [including electronic games and video games] except as apparatus adapted for screens or external monitors’, ‘playing cards’, ‘parlour games; games of cards’, ‘portable apparatus for electronic games’, ‘parlour games’ and ‘video games being apparatus adapted for use with screens or external monitors’, in Class 28, and ‘entertainment’, ‘arranging and conducting of entertainment events’ and ‘services in the field of leisure activities’, in Class 41.
Dismisses the remainder of the action.
3. Orders Schmidt Spiele to bear half the costs incurred by OHIM, and half its own costs. Orders OHIM to bear half the costs incurred by Schmidt Spiele, and half its own costs.
________________________1 OJ C 325, 9.11.2013.