Judgment — ECLI:EU:T:2015:928
Date: 2015-12-03
Language of the case: German
Court formation: Eighth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (Eighth Chamber) of 3 December 2015 — Omega International v OHIM (Representation of a white circle and a white rectangle inside a black rectangle) (Case T‑695/14) Community trade mark — Application for a Community figurative mark representing a white circle and a white rectangle inside a black rectangle — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 1. Community trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Amendment of a decision by the Office — Assessment having regard to the competences conferred on the Board of Appeal (Council Regulation No 207/2009, Art. 65(3)) (see paras 10, 11) 2. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Concept — Criteria for assessment — Recognition of the distinctiveness of the sign not subject to a finding of a certain level of creativity or linguistic or artistic imagination (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 14-17, 35) 3. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Sign composed of a basic geometric figure (Council Regulation No 207/2009, Art. 7(1)(b)) (see para. 18) 4. 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 — Perception of the sign by the relevant public– Scope (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 47, 48, 52) 5. 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 white circle and a white rectangle inside a black rectangle (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 49, 59) Re: ACTION brought against the decision of the Fifth Board of Appeal of OHIM of 18 July 2014 (Case R 1037/2014-5) relating to an application for registration of a figurative sign representing a white circle and a white rectangle inside a black rectangle as a Community trade mark. Operative part The Court: 1. Dismisses the action; 2. Orders Omega International GmbH to pay the costs.