Judgment of the General Court (Eighth Chamber) of 14 July 2014 —
BSH v OHIM (Wash & Coffee)
(Case T‑5/12)
Community trade mark — Application for Community word mark Wash & Coffee — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Ex officio examination of the facts — Article 76(1) of Regulation No 207/2009
1. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Concept (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 24-26)
2. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Assessment of distinctive character — Criteria (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 27, 29)
3. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Trade mark made up of several elements — Possible for the competent authority to examine each of the elements making up the trade mark — Need to take account of the overall perception of the combination by the relevant public (Council Regulation No 207/2009, Art. 7(1)(b)) (see para. 28)
4. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Word mark Wash & Coffee (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 31, 33-35, 39, 40)
5. Community trade mark — Procedural provisions — Examination of the facts of the Office’s own motion — Scope — Obligation to prove matters within common knowledge — None (Council Regulation No 207/2009, Art. 76(1)) (see paras 46, 47)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 7 November 2011 (Case R 992/2011-4) concerning an application for registration of the word sign Wash & Coffee as a Community trade mark. |
Operative part
The Court:
2. | | Orders BSH Bosch und Siemens Hausgeräte GmbH to pay the costs. |