Judgment of the General Court (Sixth Chamber) of 27 June 2013 — International Engine Intellectual Property Company v OHIM (PURE POWER)
(Case T‑248/11)
Community trade mark — Application for the Community word mark PURE POWER — Absolute ground for refusal — Lack of 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 — Concept — Criteria for assessment (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 14-16)
2. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Word mark PURE POWER (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 17, 39, 40)
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. 21)
4. Community trade mark — Decisions of the Office — Principle of equal treatment — Principle of sound administration — OHIM’s previous decision-making practice (see para. 50)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 15 February 2011 (Case R 2310/2010‑2), relating to an application for registration of the word sign PURE POWER as a Community trade mark. |
Operative part
The Court:
2. | | Orders each party to bear its own costs. |