General Court 22-05-2014 ECLI:EU:T:2014:272

Data

Court: General Court

Case date: 22 mei 2014

Verdict

Judgment of the General Court (Ninth Chamber) of 22 May 2014 — NIIT Insurance Technologies v OHIM (EXACT)

(Case T‑228/13)

"Community trade mark - Application for Community word mark EXACT - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009 - Obligation to state reasons - Equal treatment - Article 56 TFEU"

1. Community trade markDefinition and acquisition of the Community trade markAbsolute grounds for refusalMarks composed exclusively of signs or indications capable of designating the characteristics of a product or serviceAssessment of the descriptive nature of a signCriteria (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 20-22)

2. Community trade markDefinition and acquisition of the Community trade markAbsolute grounds for refusalMarks composed exclusively of signs or indications capable of designating the characteristics of a product or serviceWord mark EXACT (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 23, 24, 29-31, 36)

3. Community trade markDefinition and acquisition of the Community trade markAbsolute grounds for refusalMarks composed exclusively of signs or indications capable of designating the characteristics of a product or serviceConcept (Council Regulation No 207/2009, Art. 7(1)(c)) (see para. 33)

4. 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 (see paras 44, 45)

5. Community trade markAppeals procedureBoards of AppealClassification as administration of the OfficeRight of the parties to a fair process None (Council Regulation No 207/2009, Arts 62 to 64) (see para. 52)

6. Community trade markDefinition and acquisition of the Community trade markAbsolute grounds for refusalMarks composed exclusively of signs or indications capable of designating the characteristics of a product or serviceObjective (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 58, 59)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 18 February 2013 (Case R 1307/2012‑4) concerning an application for registration of the word sign EXACT as a Community trade mark.

Operative part

The Court:

1. Dismisses the action;

2. Orders NIIT Insurance Technologies Ltd to pay the costs.