This document is an excerpt from the EUR-Lex website
Document 62014TJ0648
Judgment of the General Court (Eighth Chamber) of 3 December 2015.
Infusion Brands, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs).
Community trade mark — Application for the Community figurative mark DUALTOOLS — Absolute grounds for refusal — Partial refusal of registration — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009.
Case T-648/14.
Judgment of the General Court (Eighth Chamber) of 3 December 2015.
Infusion Brands, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs).
Community trade mark — Application for the Community figurative mark DUALTOOLS — Absolute grounds for refusal — Partial refusal of registration — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009.
Case T-648/14.
Court reports – general – 'Information on unpublished decisions' section
Judgment of the General Court (Eighth Chamber) of 3 December 2015 —
Infusion Brands v OHIM (DUALTOOLS)
(Case T‑648/14)
‛Community trade mark — Application for the Community figurative mark DUALTOOLS — Absolute grounds for refusal — Partial refusal of registration — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009’
|
1. |
Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service — Aim — Need to preserve availability (Council Regulation No 207/2009, Art. 7(1)(c)) (see para. 16) |
|
2. |
Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service — Concept (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 17-19) |
|
3. |
Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service — Figurative mark DUALTOOLS (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 20-24, 27, 30, 34) |
|
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 — Need for a strict and complete examination in each particular case (Council Regulation No 207/2009) (see paras 32, 33) |
|
5. |
Community trade mark — Definition and acquisition of the Community trade mark — Assessment of the registrability of a sign — EU rules only taken into account — Earlier registration of the mark in certain Member States or third countries — Decisions not binding EU bodies (Council Regulation No 207/2009) (see para. 36) |
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 1 July 2014 (Case R 398/2014-4), concerning an application for registration of the figurative sign DUALTOOLS as a Community trade mark.
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Infusion Brands, Inc. to pay the costs. |