Judgment of the General Court (Fourth Chamber) of 3 June 2015 —
Bora Creations v OHIM — Beauté prestige international (essence)
(Case T‑448/13)
Community trade mark — Invalidity proceedings — Community word mark essence — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — No distinctive character — Article 7(1)(b) of Regulation 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 capable of designating the characteristics of a product or service — Aim — Need to preserve availability (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 20, 28)
2. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service — Concept (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 21, 22, 29-31, 33, 34)
3. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service — Word mark essence (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 23, 45)
4. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Overlap between the scope of the grounds for refusal set out in subparagraphs (b) and (c) of Article 7(1) of Regulation No 207/2009 (Council Regulation No 207/2009, Art. 7(1)(b) and (c)) (see para. 47)
Re:
| ACTION brought against the decision of the Fifth Board of Appeal of OHIM of 6 June 2013 (Case R 1085/2012‑5), relating to invalidity proceedings between Beauté prestige international and Bora Creations, SL. |
Operative part
The Court:
2. | | Orders Bora Creations, SL to pay the costs. |