1. 

EU trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Re-evaluation of the facts in the light of evidence produced for the first time before it — Not included (Rules of Procedure of the General Court (1991), Art. 135(4); Council Regulation No 207/2009, Art. 65) (see paras 14, 15)

2. 

EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Three-dimensional trade marks consisting of the shape of the product itself — Distinctive character — Criteria for assessment (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 27-30)

3. 

EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Figurative mark consisting of the two-dimensional representation of a product — Distinctive character — Criteria for assessment (Council Regulation No 207/2009, Art. 7(1)(b)) (see para. 31)

4. 

EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Assessment of distinctive character — Criteria — Perception of the trade mark by the relevant public — Attention level of the public (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 33, 36, 38)

5. 

EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Figurative mark representing a white and blue square-shaped packaging (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 35, 39, 43-45)

6. 

EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Identification of the trade mark — Image of the trade mark in the application for registration (Council Regulation No 207/2009, Art. 7) (see para. 50)

7. 

EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Examination of the sign by the competent authority — Account taken of all the relevant facts and circumstances, including the actual perception of the sign by consumers and excluding the perception arising from a use of the sign (Council Regulation No 207/2009, Art. 7(1)(b) and (3)) (see para. 52)

8. 

EU trade mark — Definition and acquisition of the EU trade mark — Prior registration of the trade mark in certain Member States — Effect (Council Regulation No 207/2009, Art. 7) (see para. 55)

1. 

Dismisses the action;

2. 

Orders August Storck KG to pay the costs.