1. 

Community trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the Court of First Instance — Direction issued to the Office — Not included (Council Regulation No 207/2009, Art. 65(6)) (see para. 10)

2. 

Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Three-dimensional trade marks consisting of the shape of the product itself — Distinctive character — Criteria for assessment — Shape in question being a ‘variant’ of the habitual shapes of the type of products concerned — Fact not sufficient to establish distinctiveness of the mark (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 16-21)

3. 

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 the product — Shape of a car (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 22-26, 45)

4. 

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 para. 32)

1. 

Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 24 April 2014 (Case R 1622/2013-2) in so far as it refused registration of the mark applied for as regards ‘vehicles for locomotion by air and water’ in Class 12;

2. 

Dismisses the action as to the remainder;

3. 

Orders Jaguar Land Rover Ltd to bear its own costs and to pay nine-tenths of those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM);

4. 

Orders OHIM to bear one-tenth of its own costs.