Judgment of the General Court (Third Chamber) of 9 March 2015 —
ultra air v OHIM — Donaldson Filtration Deutschland (ultra.air ultrafilter)
(Case T‑377/13)
Community trade mark — Invalidity proceedings — Community word mark ultra.air ultrafilter — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009 — Article 52(1)(a) 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 para. 14)
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 15, 16)
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 ultra.air ultrafilter (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 17-25, 27)
4. Community trade mark — Decisions of the Office — Observance of the rights of the defence — Scope of the principle (Council Regulation No 207/2009, Art. 75(1)) (see para. 32)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 6 May 2013 (Case R 1100/2011‑4) concerning invalidity proceedings between Donaldson Filtration Deutschland GmbH and ultra air GmbH. |
Operative part
The Court:
1. | | Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 6 May 2013 (Case R 1100/2011‑4) in so far as it concerns time control systems; |
2. | | Dismisses the action as to the remainder; |
3. | | Orders ultra air GmbH to bear its own costs and to pay the costs incurred by OHIM and by Donaldson Filtration Deutschland GmbH. |