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Document 62012TJ0520

    Pågen Trademark v OHIM (gifflar)

    Judgment of the General Court (Second Chamber) of 9 July 2014 — Pågen Trademark v OHIM (gifflar)

    (Case T‑520/12)

    ‛Community trade mark — Application for the Community figurative mark gifflar — Absolute grounds for refusal — Descriptive character — Lack of distinctiveness — No distinctive character acquired through use — Article 7(1)(b) and (c) and Article 7(3) 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. 15)

    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 16, 17)

    3. 

    Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods — Figurative mark gifflar (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 19, 20, 29, 30)

    4. 

    Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Exception — Distinctive character acquired through use — Criteria for assessment (Council Regulation No 207/2009, Art. 7(3)) (see paras 34-39, 42, 43)

    Re:

    ACTION brought against the decision of the Second Board of Appeal of OHIM of 18 September 2012 (Case R 46/2012-2), concerning an application for registration of the figurative mark gifflar as a Community trade mark.

    Operative part

    The Court:

    1.

    Dismisses the action;

    2.

    Orders Pågen Trademark AB to pay the costs.
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