Judgment — ECLI:EU:T:2015:937
Date: 2015-12-04
Language of the case: English
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Judgment of the General Court (Second Chamber) of 4 December 2015 — K‑Swiss v OHIM (Representation of parallel stripes on a shoe) (Case T‑3/15) Community trade mark — International registration designating the European Community — Figurative mark representing parallel stripes on a shoe — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 1. 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 (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 12, 13) 2. Community trade mark — Procedural provisions — Examination of the facts of the Office’s own motion — Registration of a new trade mark — Absolute grounds for refusal — Burden of proof (Council Regulation No 207/2009, Arts 7(1) and 76(1)) (see paras 14, 45) 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 parallel stripes on a shoe (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 23, 42) 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 (see para. 39) Re: ACTION brought against the decision of the Second Board of Appeal of OHIM of 30 October 2014 (Case R 1093/2014-2), concerning the international registration, designating the European Community, of a figurative mark representing parallel stripes on a shoe. Operative part The Court: 1. Dismisses the action; 2. Orders K-Swiss Inc. to pay the costs.