Judgment of the General Court (Third Chamber) of 4 June 2015 — Deluxe Laboratories v OHIM (deluxe)
(Case T‑222/14)
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
1. Community trade mark — Procedural provisions — Statement of reasons for decisions — Article 75, first sentence, of Regulation No 207/2009 — Scope identical to that of Article 296 TFEU (Art. 296 TFEU; Council Regulation No 207/2009, Art. 75, first sentence) (see para. 13)
2. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Separate examination of the grounds for refusal in relation to each of the goods or services covered by the application for registration — Obligation to state the reasons for refusing to register — Scope (Council Regulation No 207/2009, Arts 7(1), and 75) (see paras 16, 17)
3. 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 para. 18)
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
The Court:
1. | | 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); |
2. | | Orders OHIM to pay the costs. |