Judgment of the General Court (First Chamber) of 6 June 2013 — Interroll v OHIM (Inspired by efficiency)
(Case T‑126/12)
Community trade mark — Application for Community word mark Inspired by efficiency — Absolute ground for refusal — Lack of distinctiveness — 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 — Assessment of distinctive character — Criteria (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 18, 19)
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 — Distinctive character — Application of specific criteria for assessment — Inadmissible (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 20, 21)
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 22-25)
4. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Word mark Inspired by efficiency (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 27, 30, 39-43, 45)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 12 January 2012 (Case R 1280/2011-1) concerning an application for registration of word sign Inspired by efficiency as a Community trade mark. |
Operative part
The Court:
2. | | Orders Interroll Holding AG to pay the costs. |