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Document 62013TO0697

Kinnarps v OHIM (MAKING LIFE BETTER AT WORK)

Order of the General Court (Third Chamber) of 21 November 2014 —

Kinnarps v OHIM (MAKING LIFE BETTER AT WORK)

(Case T‑697/13)

‛Community trade mark — Application for Community word mark MAKING LIFE BETTER AT WORK — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EC) No 207/2009 — Action in part manifestly unfounded in law and in part manifestly inadmissible’

1. 

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 paras 14, 15)

2. 

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 — Not permissible (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 17-19)

3. 

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. 20)

4. 

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. 21)

5. 

Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Word mark MAKING LIFE BETTER AT WORK (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 24, 27-37)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 28 October 2013 (Case R 2272/2012‑2) concerning an application for registration of the word sign MAKING LIFE BETTER AT WORK as a Community trade mark.

Operative part

1. 

The action is dismissed.

2. 

Kinnarps AB is ordered to pay the costs.
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