General Court 23-01-2014 ECLI:EU:T:2014:29

Data

Court: General Court

Case date: 23 januari 2014

Verdict

Judgment of the General Court (Fourth Chamber) of 23 January 2014 — Novartis v OHIM (CARE TO CARE)

(Case T‑68/13)

"Community trade mark - Application for the Community word mark CARE TO CARE - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009"

Community trade markDefinition and acquisition of the Community trade markAbsolute grounds for refusalMarks devoid of any distinctive characterAssessment of distinctivenessCriteria (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 12-14)

Community trade markDefinition and acquisition of the Community trade markAbsolute grounds for refusalMarks devoid of any distinctive characterMarks constituted of advertising slogansDistinctive characterApplication of specific criteria for assessmentInadmissibility (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 15-18)

Community trade markDefinition and acquisition of the Community trade markAbsolute grounds for refusalMarks devoid of any distinctive characterWord mark CARE TO CARE (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 23, 35-43)

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 27, 28)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 29 November 2012 (Case R 953/2012‑1), concerning an application for registration of the word sign CARE TO CARE as a Community trade mark.

Operative part

The Court:

Dismisses the action;

Orders Novartis AG to pay the costs.