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Document 62014TJ0707
Grundig Multimedia v OHIM (DetergentOptimiser)
Grundig Multimedia v OHIM (DetergentOptimiser)
Judgment of the General Court (Second Chamber) of 25 September 2015 —
Grundig Multimedia v OHIM (DetergentOptimiser)
(Case T‑707/14)
‛Community trade mark — Application for the Community word mark DetergentOptimiser — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Equal treatment’
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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. 12) |
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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 para. 13) |
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3. |
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 — Word mark DetergentOptimiser (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 16, 23) |
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4. |
Community trade mark — Decisions of the Office — Principle of equal treatment — Principle of sound administration — OHIM’s previous decision-making practice (Council Regulation No 207/2009) (see paras 29-31) |
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 9 July 2014 (Case R 172/2014-1), relating to an application for the word mark DetergentOptimiser as a Community trade mark.
Operative part
The Court:
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1. |
Dismisses the action; |
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2. |
Orders Grundig Multimedia AG to pay the costs. |
Keywords
Subject of the case
Operative part
Keywords
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. 12)
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 para. 13)
3. 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 — Word mark DetergentOptimiser (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 16, 23)
4. Community trade mark — Decisions of the Office — Principle of equal treatment — Principle of sound administration — OHIM’s previous decision-making practice (Council Regulation No 207/2009) (see paras 29-31)
Subject of the case
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 9 July 2014 (Case R 172/2014-1), relating to an application for the word mark DetergentOptimiser as a Community trade mark.
Operative part
Operative part
The Court:
1. Dismisses the action;
2. Orders Grundig Multimedia AG to pay the costs.