Judgment of the General Court (Sixth Chamber) of 12 November 2014 —
Murnauer Markenvertrieb v OHIM (NOTFALL CREME)
(Case T‑504/12)
Community trade mark — Application for Community figurative trade mark NOTFALL CREME — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Equal treatment
1. 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 — Aim — Need to preserve availability (Council Regulation No 207/2009, Art. 7(1)(c)) (see para. 15)
2. 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 — Criteria (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 16-18, 22)
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 — Figurative mark NOTFALL CREME (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 23-29)
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. 35)
5. Community trade mark — Decisions of the Office — Principle of equal treatment — Principle of sound administration — OHIM’s previous decision-making practice (see para. 43)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 20 September 2012 (Case R 271/2012‑4) concerning an application for registration of the figurative sign NOTFALL CREME as a Community trade mark. |
Operative part
The Court:
2. | | Orders Murnauer Markenvertrieb GmbH to pay its own costs and those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). |