This document is an excerpt from the EUR-Lex website
Document 62014TJ0011
Grundig Multimedia v OHIM (Pianissimo)
Grundig Multimedia v OHIM (Pianissimo)
Judgment of the General Court (Second Chamber) of 21 January 2015 — Grundig Multimedia v OHIM (Pianissimo)
(Case T‑11/14)
‛Community trade mark — Application for Community word mark Pianissimo — Mark consisting of an advertising slogan — Absolute ground for refusal — Absence of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Equal treatment’
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Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Concept — Criteria for assessment (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 15, 16, 27) |
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Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Marks constituted of advertising slogans — Distinctive character — Application of specific criteria for assessment — Inadmissibility (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 17, 18) |
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Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Marks constituted of advertising slogans — Slogan with a fantasy character (Council Regulation No 207/2009, Art. 7(1)(b)) (see para. 19) |
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Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Marks constituted of advertising slogans — Flattering promotional formula (Council Regulation No 207/2009, Art. 7(1)(b)) (see para. 20) |
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Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Word mark Pianissimo (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 22-26, 30) |
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Community trade mark — Decisions of the Office — Principle of equal treatment — Principle of sound administration — OHIM’s previous decision-making practice — Principle of legality — Need for a strict and complete examination in each particular case (Council Regulation No 207/2009) (see paras 37-39) |
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 5 November 2013 (Case R 441/2013-4), confirming rejection of the application for registration of the word sign Pianissimo as a Community trade mark.
Operative part
The Court:
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Dismisses the action; |
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Orders Grundig Multimedia AG to pay the costs. |