General Court 07-05-2014 ECLI:EU:T:2014:257

Data

Court: General Court

Case date: 7 mei 2014

Verdict

Order of the General Court (Seventh Chamber) of 7 May 2014 — Sharp v OHIM (BIG PAD)

(Case T‑567/13)

"Community trademark - Application for Community figurative mark BIG PAD - Absolute ground for refusal - Descriptive nature - Article 7(1)(c) of Regulation (EC) No 207/2009 - Action in part manifestly inadmissible and in part manifestly lacking any foundation in law"

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 serviceCriteria (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 16-18)

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 serviceFigurative mark BIG PAD (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 19, 23, 24)

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. 26)

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 29-31)

Community trade markDefinition and acquisition of the Community trade markAssessment of the registrability of a signEU rules only taken into accountEarlier registration of the mark in certain Member States or third countriesDecisions not binding EU bodies (Council Regulation No 207/2009; Council Directive 89/104) (see para. 33)

Re:

ACTION against the decision of the Second Board of Appeal of OHIM of 5 August 2013 (Case R 2131/2012‑2) concerning an application for registration of the figurative sign BIG PAD as a Community trade mark.

Operative part

The action is dismissed.

Sharp KK is ordered to pay the costs.