General Court 16-07-2014 ECLI:EU:T:2014:681

Judicial proceedingsApplication initiating proceedingsFormal requirementsBrief summary of the pleas in law on which the application is basedPleas in law not set out in the applicationGeneral reference to documents annexed to the applicationInadmissibility (Statute of the Court of Justice, Art. 21; Rules of Procedure of the General Court, Art. 44(1)(c)) (see paras 18, 19)

Community trade markDefinition and acquisition of the Community trade markAbsolute grounds for refusalMarks devoid of any distinctive characterThree-dimensional mark constituted by the shape of the productShape of an alcoholic beverage bottle (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 35, 40-43, 51, 57)

Community trade markDefinition and acquisition of the Community trade markAbsolute grounds for refusalMarks devoid of any distinctive characterThree-dimensional mark constituted by the shape of the productDistinctive characterCriteria for assessment (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 36-39)

Community trade markDecisions of the OfficePrinciple of equal treatmentPrinciple of sound administrationOHIM’s previous decision-making practicePrinciple of legalityNeed for a strict and complete examination in each particular case (Council Regulation No 207/2009) (see para. 53)

Community trade markDefinition and acquisition of the Community trade markPrior registration of the trade mark in certain Member StatesEffect (see para. 63)

Community trade markProcedural provisionsStatement of reasons for decisionsArticle 75, first sentence, of Regulation No 207/2009Scope identical to that of Article 296 TFEU (Art. 296 TFEU; Council Regulation No 207/2009, Art. 75, first sentence) (see paras 72, 73)

Community trade markProcedural provisionsExamination of the facts of the Office’s own motionRegistration of a new trade markAbsolute grounds for refusalBurden of proof (Council Regulation No 207/2009, Art. 76(1)) (see para. 74)

Community trade markConversion into national trade mark applicationApplication with a view to initiating the national procedureObligation to carry out a detailed analysis of the distinctive character of the sign in all Member StatesNone (Council Regulation No 207/2009, Arts 75 and 112(2)(b)) (see paras 79-82)

Community trade markProcedural provisionsRecourse to the oral procedureDiscretion of the Office (Council Regulation No 207/2009, Art. 77(1)) (see para. 88)

Actions for annulmentGroundsMisuse of powersConcept (Art. 263 TFEU) (see para. 94)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 22 November 2012 (Case R 129/2012-1), concerning an application for registration of a three-dimensional sign comprising the shape of an alcoholic beverage bottle as a Community trade mark.

Operative part

The Court:

Dismisses the action;

Orders Franz Wilhelm Langguth Erben GmbH & Co. KG to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).