This document is an excerpt from the EUR-Lex website
Document 62013TJ0440
"Millano" Krzysztof Kotas v OHIM (Forme d’une boîte de chocolats)
"Millano" Krzysztof Kotas v OHIM (Forme d’une boîte de chocolats)
Judgment of the General Court (Sixth Chamber) of 11 December 2014 — ‘Millano ’ Krzysztof Kotas v OHIM (Shape of a box of chocolates)
(Case T‑440/13)
‛Community trade mark — Application for three-dimensional Community trade mark — Shape of a box of chocolates — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009’
1. |
Community trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — No power to issue directions (Council Regulation No 207/2009, Art. 65(6)) (see para. 11) |
2. |
Community trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Amendment of a decision by the Office — Assessment having regard to the competences conferred on the Board of Appeal (Council Regulation No 207/2009, Art. 65(3)) (see para. 12) |
3. |
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 para. 17) |
4. |
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 paras 18-21) |
5. |
Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Three-dimensional mark constituted by the shape of a box of chocolates (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 22, 26-29) |
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 22 May 2013 (Case R 755/2012-2) concerning an application for registration of a three-dimensional sign consisting in the shape of a box of chocolates as a Community trade mark.
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders Zakład Wyrobów Cukierniczych ‘Millano’ Krzysztof Kotas to bear its own costs and those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). |