General Court 24-06-2015 ECLI:EU:T:2015:462

Data

Court: General Court

Case date: 24 juni 2015

Verdict

Order of the General Court (Seventh Chamber) of 24 June 2015 —

Wm. Wrigley Jr. v OHIM (Extra)

(Case T‑552/14)

"Community trade mark - Application for Community figurative mark Extra - Absolute grounds for refusal - No distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - Action manifestly lacking any foundation in law"

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. 13)

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 14, 17)

Community trade markDefinition and acquisition of the Community trade markAbsolute grounds for refusalMarks devoid of any distinctive characterComposite markNeed to take account of the overall perception of the combination by the relevant public (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 15, 16)

Community trade markDefinition and acquisition of the Community trade markAbsolute grounds for refusalMarks devoid of any distinctive characterFigurative mark Extra (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 19, 21)

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 para. 27)

Re:

ACTION brought against the decision of the Fifth Board of Appeal of OHIM of 19 May 2014 (Case R 199/2014‑5) relating to an application for registration of the figurative sign Extra as a Community trade mark.

Operative part

The action is dismissed.

Wm. Wrigley Jr. Company is ordered to pay the costs.