Judgment of the General Court (Eighth Chamber) of 3 December 2015

Data

Court: General Court

Case date: 3 december 2015

Verdict

Judgment of the General Court (Eighth Chamber) of 3 December 2015 —

Infusion Brands v OHIM (DUALSAW)

(Case T‑647/14)

"Community trade mark - Application for the Community figurative mark DUALSAW - Absolute grounds for refusal - Partial refusal of registration - Descriptive character - No distinctive character - Article 7(1)(b) and (c) of Regulation (EC) 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. 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 serviceConcept (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 17-19)

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 DUALSAW (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 20-24, 27, 30, 34)

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 (Council Regulation No 207/2009) (see paras 32, 33)

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) (see para. 36)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 1 July 2014 (Case R 397/2014-4), concerning an application for registration of the figurative sign DUALSAW as a Community trade mark.

Operative part

The Court:

Dismisses the action;

Orders Infusion Brands, Inc. to pay the costs.