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Document 62014TJ0188
Grundig Multimedia v OHIM (GentleCare)
Grundig Multimedia v OHIM (GentleCare)
Judgment of the General Court (Second Chamber) of 21 January 2015 — Grundig Multimedia v OHIM (GentleCare)
(Case T‑188/14)
‛Community trade mark — Application for Community word mark GentleCare — Absolute grounds for refusal — Descriptive character — Article 7(1)(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 — Word mark GentleCare (Council Regulation No 207/2009, Art. 7(1)(c)) (see para. 22) |
2. |
Community trade mark — Decisions of the Office — Principle of equal treatment — Principle of sound administration — OHIM’s previous decision-making practice — Principle of legality — Need for a strict and complete examination in each particular case (see paras 41-43) |
Re:
ACTION brought against the decision of the Fifth Board of Appeal of OHIM of 24 January 2014 (Case R 739/2013-5) confirming rejection of the application for registration of the word sign GentleCare as a Community trade mark.
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders Grundig Multimedia AG to pay the costs. |