Order — ECLI:EU:T:2015:444
Date: 2015-06-24
Language of the case: English
Court formation: Seventh Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Order of the General Court (Seventh Chamber) of 24 June 2015 — Wm. Wrigley Jr. v OHIM (Representation of a sphere) (Case T‑625/14) Community trade mark — Application for Community figurative mark representing a sphere — Absolute grounds for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Action manifestly lacking any foundation in law 1. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Concept (Council Regulation No 207/2009, Art. 7(1)(b)) (see para. 13) 2. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Assessment of distinctive character — Criteria (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 14-16) 3. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Figurative mark representing a sphere (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 19, 20) 4. Community trade mark — Decisions of the Office — Principle of equal treatment — Principle of sound administration — OHIM’s previous decision-making practice — Principle of legality — Need for a strict and complete examination in each particular case (Council Regulation No 207/2009) (see para. 25) 5. Community trade mark — Definition and acquisition of the Community trade mark — Assessment of the registrability of a sign — EU rules only taken into account — Earlier registration of the mark in certain Member States or third countries — Decisions not binding EU bodies (Council Regulation No 207/2009) (see para. 27) Re: ACTION brought against the decision of the Fifth Board of Appeal of OHIM of 17 June 2014 (Case R 168/2014-5) relating to an application for registration of a figurative sign representing a sphere as a Community trade mark. Operative part 1. The action is dismissed. 2. Wm. Wrigley Jr. Company is ordered to pay the costs.