Judgment — ECLI:EU:T:2013:629
Date: 2013-12-06
Language of the case: Spanish
Court formation: Eighth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Spain

Judgment of the General Court (Eighth Chamber) of 6 December 2013 — Banco Bilbao Vizcaya Argentaria v OHIM (VALORES DE FUTURO) (Case T‑428/12) Community trade mark — Application for community word mark VALORES DE FUTURO — Absolute ground for refusal — Lack of distinctive character — Descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 1. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods — Concept (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 17, 18) 2. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods — Aim — Need to preserve availability (Council Regulation No 207/2009, Art. 7(1)(c)) (see para. 19) 3. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Marks composed exclusively of signs or indications capable of designating the characteristics of a service — Word mark VALORES DE FUTURO (Council Regulation No 207/2009, Art. 7(1)(b) and (c)) (see paras 23, 24, 27-33, 50, 53-55) 4. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Marks constituted of advertising slogans — Flattering promotional formula (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 44-46) Re: ACTION brought against the decision of the Second Board of Appeal of OHIM of 4 July 2012 (Case R 2299/2011-2), concerning an application for registration of the word sign VALORES DE FUTURO as a Community trade mark. Operative part The Court: 1. Dismisses the action; 2. Orders Banco Bilbao Vizcaya Argentaria, SA to pay the costs.