Judgment — ECLI:EU:T:2012:424
Date: 2012-09-13
Language of the case: Spanish
Court formation: Seventh Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Spain

Summary statement of pleas (Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the General Court, Art. 44(1)(c)) (see para. 17) 2. Community trade mark — Appeals procedure — Appeal before a Court of the European Union — Jurisdiction of the General Court — Re-evaluation of the facts in the light of evidence produced for the first time before it — Exclusion (Rules of Procedure of the General Court, Art. 135(4); Council Regulation No 207/2009, Art. 65) (see para. 24) 3. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Marks composed exclusively of signs or indications capable of designating the characteristics of a service — Word mark ESPETEC (Council Regulation No 207/2009, Art. 7(1)(b) and (c)) (see paras 36-38, 40-41) 4. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Exception — Acquisition of distinctiveness through use (Council Regulation No 207/2009, Art. 7(3)) (see paras 43-45, 50-55, 61-66) Re: ACTION brought against the decision of the Second Board of Appeal of OHIM of 12 November 2010 (Case R 312/2010-2) concerning an application for registration of the word mark ESPETEC as a Community trade mark. Operative part The Court: 1. Dismisses the action; 2. Orders Sogepi Consulting y Publicidad, SL to pay the costs.