Judgment — ECLI:EU:T:2014:736
Date: 2014-09-03
Language of the case: French
Court formation: Third Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - successful
Origin: France

Judgment of the General Court of 3 September 2014 — Unibail Management v OHIM (Representation of two lines and five stars) (Case T-687/13) 1 (Community trade mark — Application for a figurative Community trade mark representing two lines and five stars — Absolute ground for refusal — Distinctive character — Article 7(1)(b) and Article 75 of Regulation (EC) No 207/2009 — Absence of concrete assessment — Duty to state reasons) Language of the case: French Parties Applicant: Unibail Management (Paris, France) (represented by: L. Bénard, A. Rudoni, and O. Klimis, lawyers) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, agent) Re: Action brought against the decision of the Second Board of Appeal of OHIM of 3 September 2013 (case R 299/2013-2), concerning an application for the registration of a sign representing two lines and five stars as a Community trade mark. Operative part of the judgment The Court: 1. Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 3 September 2013 (case R 299/2013-2) in so far as it dismissed the appeal brought by Unibail Management for products and services falling within classes 16, 35, 36, 38, 41 and 42); 2. Orders OHIM to pay the costs. ____________ ____________ 1 OJ C 52, 22.2.2014.