Judgment of the General Court (Sixth Chamber) of 10 September 2015 —
EE v OHIM (Representation of white dots on a blue background)
(Case T‑94/14)
‛Community trade mark — Application for a Community figurative mark representing white dots on a blue background — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009’
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1. |
Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Concept (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 21, 22) |
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2. |
Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Marks constituted by a colour or a combination of colours (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 23-26) |
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3. |
Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Assessment of distinctive character — Criteria (Council Regulation No 207/2009, Art. 7(1)(b)) (see para. 27) |
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4. |
Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Figurative mark representing white dots on a blue background (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 56, 57) |
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5. |
Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Examination of the grounds for refusal having regard to each of the products or services covered by the application for registration — Obligation to state the reasons for refusing to register — Scope (Council Regulation No 207/2009, Art. 7(1)(b)) (see para. 59) |
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 20 November 2013 (Case R 495/2013-1) relating to an application for registration as a Community trade mark of a figurative sign representing white dots on a blue background.
Operative part
The Court:
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1. |
Dismisses the action; |
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2. |
Orders EE Ltd to pay the costs. |
Keywords
Subject of the case
Operative part
Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Concept (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 21, 22)
2. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Marks constituted by a colour or a combination of colours (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 23-26)
3. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Assessment of distinctive character — Criteria (Council Regulation No 207/2009, Art. 7(1)(b)) (see para. 27)
4. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Figurative mark representing white dots on a blue background (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 56, 57)
5. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Examination of the grounds for refusal having regard to each of the products or services covered by the application for registration — Obligation to state the reasons for refusing to register — Scope (Council Regulation No 207/2009, Art. 7(1)(b)) (see para. 59)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 20 November 2013 (Case R 495/2013-1) relating to an application for registration as a Community trade mark of a figurative sign representing white dots on a blue background.
Operative part
The Court:
1. Dismisses the action;
2. Orders EE Ltd to pay the costs.