General Court 25-09-2015 ECLI:EU:T:2015:700

Data

Court: General Court

Case date: 25 september 2015

Verdict

Judgment of the General Court (Fifth Chamber) of 25 September 2015 —

BSH v OHIM (PerfectRoast)

(Case T‑591/14)

"Community mark - Application for Community word mark PerfectRoast - Refusal of registration - Absolute grounds for refusal - Descriptive character - Lack of distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 - Obligation to state reasons - Article 75 of Regulation No 207/2009"

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 serviceAimNeed to preserve availability (Council Regulation No 207/2009, Art. 7(1)(c)) (see para. 15)

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. 16)

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 PerfectRoast (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 20-31)

Community trade markDefinition and acquisition of the Community trade markAbsolute grounds for refusalMarks devoid of any distinctive characterConcept (Council Regulation No 207/2009, Art. 7(1)(b)) (see para. 38)

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 paras 39, 40)

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 41-44)

Community trade markDefinition and acquisition of the Community trade markAbsolute grounds for refusalMarks devoid of any distinctive characterWord mark PerfectRoast (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 46, 47)

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 para. 50)

Re:

ACTION brought against the decision of the Fifth Board of Appeal of OHIM of 16 June 2014 (Case R 359/2014-5), concerning an application for registration of the word sign PerfectRoast.

Operative part

The Court:

Annuls the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 16 June 2014 (Case R 359/2014-5) in so far as it dismissed the appeal against the examiner’s decision to reject the application for registration of the Community trade mark PerfectRoast for ‘water heaters’, ‘immersion heaters’ and ‘egg-cookers’;

Dismisses the remainder of the action;

Orders each party to bear its own costs.