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Document 62014TJ0327
Judgment of the General Court (Seventh Chamber) of 3 December 2015.
Compagnie des fromages & Richesmonts v Office for Harmonisation in the Internal Market (Trade Marks and Designs).
Community trade mark — Invalidity proceedings — Community figurative mark representing a red and white Vichy motif — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009.
Case T-327/14.
Judgment of the General Court (Seventh Chamber) of 3 December 2015.
Compagnie des fromages & Richesmonts v Office for Harmonisation in the Internal Market (Trade Marks and Designs).
Community trade mark — Invalidity proceedings — Community figurative mark representing a red and white Vichy motif — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009.
Case T-327/14.
Court reports – general – 'Information on unpublished decisions' section
Judgment of the General Court (Seventh Chamber) of 3 December 2015 —
Compagnie des fromages & Richesmonts v OHIM — Grupo Lactalis Iberia (Representation of a red and white Vichy motif)
(Case T‑327/14)
‛Community trade mark — Invalidity proceedings — Community figurative mark representing a red and white Vichy motif — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009’
1. |
Community trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Review of the lawfulness of decisions of the Boards of Appeal — Re-examination of the facts in the light of evidence not previously submitted before OHIM bodies — Not included (Council Regulation No 207/2009, Art. 65) (see para. 18) |
2. |
Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Concept — Criteria for assessment (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 31, 32, 35) |
3. |
Community trade mark — Definition and acquisition of the Community trade mark — Signs of which a trade mark may consist — Colours or combinations of colours — Condition — Distinctive character (Council Regulation No 207/2009, Art. 7(1)(b), and (3)) (see para. 33) |
4. |
Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Sign composed of a basic geometric figure (Council Regulation No 207/2009, Art. 7(1)(b)) (see para. 34) |
5. |
Community trade mark — Surrender, revocation and invalidity — Absolute grounds for invalidity — Registration contrary to Article 7(1)(b) of Regulation No 207/2009 — Figurative mark representing a red and white Vichy motif (Council Regulation No 207/2009, Arts 7(1)(b), and (2), and 52(1)(a)) (see paras 36, 45, 54, 55, 58, 66) |
6. |
Community trade mark — Appeals procedure — Action before the EU judicature — Modification of the terms of the dispute as brought before the Board of Appeal — Not permissible (Council Regulation No 207/2009, Art. 76) (see para. 48) |
7. |
Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Separate examination of the various grounds for refusal — Interpretation of the grounds for refusal in the light of the public interest underlying each of them (Council Regulation No 207/2009, Art. 7(1)(b) and (d)) (see para. 64) |
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 3 March 2014 (Case R 1295/2012-4) concerning invalidity proceedings between Grupo Lactalis Iberia SA and Compagnie des fromages & Richesmonts.
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders Compagnie des fromages & Richesmonts to pay the costs. |