Judgment of the General Court (Fifth Chamber) of 16 March 2016

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 para. 12)

2. Community trade markDefinition and acquisition of the Community trade markAbsolute grounds for refusalMarks devoid of any distinctive characterThree-dimensional mark constituted by the shape of the productDistinctive characterCriteria for assessment (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 13-16, 21)

3. Community trade markDefinition and acquisition of the Community trade markAbsolute grounds for refusalMarks devoid of any distinctive characterThree-dimensional mark in the shape of a game chest containing wooden blocks (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 18-20, 30, 31, 50, 52)

4. Community trade markDefinition and acquisition of the Community trade markAbsolute grounds for refusalMarks devoid of any distinctive characterExceptionDistinctive character acquired through useScopeTrade mark devoid of distinctive character throughout the EUAcquisition by use also throughout the EU (Council Regulation No 207/2009, Arts 1(2), and 7(2) and (3)) (see paras 34-37, 41-43)

5. Community trade markDefinition and acquisition of the Community trade markAbsolute grounds for refusalMarks devoid of any distinctive characterExceptionDistinctive character acquired through useCriteria for assessment (Council Regulation No 207/2009, Art. 7(3)) (see paras 38-40)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 4 May 2015 (Case R 1690/2014-2) concerning an application for registration of a three-dimensional sign in the shape of a game chest containing wooden blocks as a Community trade mark.

Operative part

The Court:

1. Dismisses the action;

2. Orders Työhönvalmennus Valma Oy to pay the costs.