Judgment of the General Court (Fifth Chamber) of 14 January 2016

Data

Court: General Court

Case date: 14 januari 2016

Verdict

Judgment of the General Court (Fifth Chamber) of 14 January 2016 —

International Gaming Projects v OHIM (BIG BINGO)

(Case T‑663/14)

"Community trade mark - Application for Community figurative mark BIG BINGO - Absolute ground for refusal - Distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009"

1. 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 paras 17, 18)

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 serviceMarks devoid of any distinctive characterFigurative mark BIG BINGO (Council Regulation No 207/2009, Art. 7(1)(b) and (c)) (see paras 21, 23, 24, 26-30)

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. 25)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 11 June 2014 (Case R 755/2014-1) concerning an application for registration of the figurative sign BIG BINGO as a Community trade mark.

Operative part

The Court:

1. Dismisses the action;

2. Orders International Gaming Projects Ltd to pay the costs.