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23.11.2015 |
EN |
Official Journal of the European Union |
C 389/53 |
Judgment of the General Court of 25 September 2015 — BSH v OHIM (PerfectRoast)
(Case T-591/14) (1)
((Community mark - Application for Community word mark PerfectRoast - Refusal of registration - Absolute grounds for refusal - Descriptive character - Lack of distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 - Obligation to state reasons - Article 75 of Regulation No 207/2009))
(2015/C 389/59)
Language of the case: German
Parties
Applicant: BSH Bosch und Siemens Hausgeräte GmbH (Munich, Germany) (represented by: S. Biagosch, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Schifko, acting as Agent)
Re:
Action brought against the decision of the Fifth Board of Appeal of OHIM of 16 June 2014 (Case R 359/2014-5), concerning an application for registration of the word sign PerfectRoast.
Operative part of the judgment
The Court:
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1. |
Annuls the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 16 June 2014 (Case R 359/2014-5) in so far as it dismissed the appeal against the examiner’s decision to reject the application for registration of the Community trade mark PerfectRoast for ‘water heaters’, ‘immersion heaters’ and ‘egg-cookers’. |
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2. |
Dismisses the remainder of the action; |
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3. |
Orders each party to bear its own costs. |