Judgment of the General Court (Ninth Chamber) of 29 January 2015 — Blackrock v OHIM (INVESTING FOR A NEW WORLD)
(Case T‑59/14)
Community trade mark — Application for the Community word mark INVESTING FOR A NEW WORLD — Mark consisting of an advertising slogan — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) 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 — Marks constituted of advertising slogans — Distinctive character — Application of specific criteria for assessment — Inadmissibility (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 19-21)
2. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Marks constituted of advertising slogans — Slogan with a fantasy character (Council Regulation No 207/2009, Art. 7(1)(b)) (see para. 22)
3. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Marks constituted of advertising slogans — Flattering promotional formula (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 23, 24)
4. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Word mark INVESTING FOR A NEW WORLD (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 26-41)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 31 October 2013 (Case R 573/2013-1), concerning an application for registration of the word sign INVESTING FOR A NEW WORLD as a Community trade mark. |
Operative part
The Court:
2. | | Orders Blackrock, Inc. to pay the costs. |