Judgment of the General Court (Third Chamber) of 3 September 2014

Data

Court: General Court

Case date: 3 september 2014

Verdict

Judgment of the General Court (Third Chamber) of 3 September 2014 — Unibail Management v OHIM (Representation of two lines and five stars)

(Case T‑687/13)

"Community trade mark - Application for a figurative Community trade mark representing two lines and five stars - Absolute ground for refusal - Distinctive character - Article 7(1)(b) and Article 75 of Regulation (EC) No 207/2009 - Absence of concrete assessment - Duty to state reasons"

1. Community trade markDefinition and acquisition of the Community trade markAbsolute grounds for refusalSeparate examination of the grounds for refusal in relation to each of the goods or services covered by the application for registrationObligation to state the reasons for refusing to registerScope (Council Regulation No 207/2009, Arts 7(1), and 75) (see paras 14, 15, 26)

2. Community trade markDefinition and acquisition of the Community trade markAbsolute grounds for refusalMarks devoid of any distinctive characterAssessment of distinctive characterCriteria (Council Regulation No 207/2009, Art. 7(1)(b)) (see para. 16)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 3 September 2013 (Case R 299/2013-2), concerning an application for the registration of a sign representing two lines and five stars as a Community trade mark.

Operative part

The Court:

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 3 September 2013 (Case R 299/2013-2) in so far as it dismissed the appeal brought by Unibail Management for products and services falling within classes 16, 35, 36, 38, 41 and 42;

2. Orders OHIM to pay the costs.