Judgment of the General Court (Third Chamber) of 4 February 2015 —
KSR v OHIM — Lampenwelt (Moon)
(Case T‑374/13)
Community trade mark — Proceedings seeking a declaration of invalidity — Community word mark Moon — Absolute ground for invalidity — Descriptive nature — Lack of distinctiveness — Article 52(1)(a) and Article 7(1)(b) and (c) of Regulation (EC) No 207/2009
1. Judicial proceedings — Representation of the parties — Possibility of remedying lack of mandate to bring an action by subsequent production of any document confirming the existence of such a mandate (Rules of Procedure of the General Court, Art. 44(5)(b), and (6)) (see paras 10, 12, 13)
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 20, 21)
3. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods — Word mark Moon (Council Regulation No 207/2009, Arts 7(1)(c),and (2), and 52(1)(a)) (see paras 24-38)
4. Community trade mark — Definition and acquisition of the Community trade mark — Assessment of the registrability of a sign — Account to be taken only of Community legislation — Earlier registration of the mark in certain Member States or third countries — Decisions not binding Community bodies (Council Regulation No 207/2009; European Parliament and Council Directive 2008/95; Council Directive 89/104) (see para. 48)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 13 May 2013 (Case R 676/2012-4) concerning invalidity proceedings between Lampenwelt GmbH & Co. KG and KSR Kunststoff Rotation GmbH. |
Operative part
The Court:
2. | | Orders KSR Kunststoff Rotation GmbH to pay the costs. |