Judgment of the General Court of 4 June 2015 — Deluxe Laboratories v OHIM (deluxe)
(Case T-222/14) 1
(Community trade mark — Application for figurative Community mark deluxe — Absolute grounds for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EC) No 207/2009 — Lack of descriptiveness — Article 7(1)(c) of Regulation No 207/2009 — Lack of distinctiveness acquired through use — Article 7(3) of Regulation No 207/2009 — Duty to state reasons — Article 75 of Regulation No 207/2009)
Language of the case: Spanish
Parties
Applicant: Deluxe Laboratories, Inc. (Burbank, California, United States) (represented by: S. Serrat Viñas, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Palmero Cabezas, acting as Agent)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 22 January 2014 (Case R 1250/2013-2) concerning an application for registration of the figurative sign deluxe as a Community trade mark.
Operative part of the judgment
The Court:
Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 22 January 2014 (Case R 1250/2013-2);
Orders OHIM to pay the costs.
________________________1 OJ C 175, 10.6.2014.