Judgment of the General Court (Second Chamber) of 21 April 2015 —
Louis Vuitton Malletier v OHIM — Nanu-Nana (Representation of a grey chequerboard pattern)
(Case T‑360/12)
Community trade mark — Invalidity proceedings — Community figurative mark representing a grey chequerboard pattern — Absolute ground for refusal — No distinctive character — No distinctive character acquired through use — Article 7(1)(b) and Article 7(3) of Regulation (EC) No 207/2009 — Article 52(1) and (2) of Regulation 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 — Three-dimensional trade marks consisting of the shape of the product itself — Distinctive character — Criteria for assessment (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 20-23)
2. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Figurative mark consisting of the two-dimensional representation of a product — Distinctive character — Criteria for assessment (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 24, 25)
3. Community trade mark — Surrender, revocation and invalidity — Absolute grounds for invalidity — Registration contrary to Article 7(1)(b) of Regulation No 207/2009 — Exception — Distinctive character acquired through use — Figurative mark representing a grey chequerboard pattern (Council Regulation No 207/2009, Arts 7(1)(d), and 52(2)) (see paras 35-45, 104, 120)
4. Community trade mark — Decisions of the Office — Principle of equal treatment — Principle of sound administration — OHIM’s previous decision-making practice — Principle of legality (see paras 47-51)
5. Community trade mark — Procedural provisions — Examination of the facts of the Office’s own motion — Invalidity proceedings concerning absolute grounds for refusal — Examination restricted to the submissions of the parties (Council Regulation No 207/2009, Arts 7(1), 52, 55, 57(1), and 76(1)) (see paras 58-62)
6. Community trade mark — Surrender, revocation and invalidity — Absolute grounds for invalidity — Registration contrary to Article 7(1)(b) to (d) of Regulation No 207/2009 — Exception — Distinctive character acquired through use — Conditions (Council Regulation No 207/2009, Arts 7(1)(b) to (d), and (3), 52(2), and 165(1) and (4)) (see paras 79-82)
7. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Exception — Distinctive character acquired through use — Trade mark devoid of distinctive character throughout the EU — Acquisition by use also throughout the EU (Council Regulation No 207/2009, Arts 1(2), and 7(3)) (see paras 84, 85, 91-93)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 16 May 2012 (Case R 1854/2011-1), relating to invalidity proceedings between Nanu-Nana Handelsgesellschaft mbH für Geschenkartikel & Co. KG and Louis Vuitton Malletier. |
Operative part
The Court:
2. | | Orders Louis Vuitton Malletier to pay the costs. |