This document is an excerpt from the EUR-Lex website
Document 62013CO0622
Castel Frères v OHIM
Castel Frères v OHIM
Order of the Court (Sixth Chamber) of 30 April 2015 –
Castel Frères v OHIM
(Case C‑622/13 P) 1 ( 1 )
‛Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 7(1)(c) and (j) — Word mark CASTEL — Indication of geographical origin — Application for a declaration of invalidity brought by the proprietor of the indication of geographical origin ‘Castell’ — Article 181 of the Rules of Procedure of the Court of Justice — Appeal manifestly inadmissible in part and manifestly unfounded in part’
|
1. |
Community trade mark — Surrender, revocation and invalidity — Invalidity proceedings — Admissibility — Misuse of rights — No effect (Council Regulation No 40/94, Arts 51(1)(a) and 55(1)(a)) (see paras 42-47) |
|
2. |
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 — Word mark composed of several elements — Taking into account the overall perception of the mark by the relevant public (Council Regulation No 40/94, Art. 7(1)(c)) (see paras 70, 71) |
|
3. |
Appeals — Grounds — Mere repetition of the pleas and arguments put forward before the General Court — Inadmissibility (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 168(1)(d) and 169(2)) (see para. 82) |
Operative part
|
1. |
The appeal is dismissed. |
|
2. |
Castel Frères SAS is ordered to pay the costs. |
( 1 ) OJ C 24, 25.1.2014.
Order of the Court (Sixth Chamber) of 30 April 2015 –
Castel Frères v OHIM
(Case C‑622/13 P) 1 ( 1 )
‛Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 7(1)(c) and (j) — Word mark CASTEL — Indication of geographical origin — Application for a declaration of invalidity brought by the proprietor of the indication of geographical origin ‘Castell’ — Article 181 of the Rules of Procedure of the Court of Justice — Appeal manifestly inadmissible in part and manifestly unfounded in part’
|
1. |
Community trade mark — Surrender, revocation and invalidity — Invalidity proceedings — Admissibility — Misuse of rights — No effect (Council Regulation No 40/94, Arts 51(1)(a) and 55(1)(a)) (see paras 42-47) |
|
2. |
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 — Word mark composed of several elements — Taking into account the overall perception of the mark by the relevant public (Council Regulation No 40/94, Art. 7(1)(c)) (see paras 70, 71) |
|
3. |
Appeals — Grounds — Mere repetition of the pleas and arguments put forward before the General Court — Inadmissibility (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 168(1)(d) and 169(2)) (see para. 82) |
Operative part
|
1. |
The appeal is dismissed. |
|
2. |
Castel Frères SAS is ordered to pay the costs. |
( 1 ) OJ C 24, 25.1.2014.