Judgment — ECLI:EU:T:2013:603
Date: 2013-11-21
Language of the case: German
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (Sixth Chamber) of 21 November 2013 — Heede v OHIM (Matrix-Energetics) (Case T‑313/11) Community trade mark — Application for Community word mark Matrix-Energetics — Absolute grounds for refusal — Descriptive character — Relevant public — Date of the determination of the descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 1. Community trade mark — Registration procedure — Publication of the application — Measure not guaranteeing registration of the trade mark (Council Regulation No 207/2009, Arts 37 and 39(2)) (see para. 24) 2. 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. 28) 3. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service — Concept (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 35, 36) 4. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks composed exclusively of sign or indications capable of designating the characteristics of a service — Word mark Matrix-Energetics (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 54‑59) Re: ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 8 April 2011 (Case R 1848/2010‑4) concerning the application for registration of the word sign Matrix-Energetics as a Community word mark. Operative part The Court: 1. Dismisses the action; 2. Orders Mr Günter Heede to pay the costs.