Judgment — ECLI:EU:T:2012:589
Date: 2012-11-08
Language of the case: German
Court formation: Fifth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Summary statement of pleas (Rules of Procedure of the General Court, Art. 44(1)(c)) (see para. 10) 2. 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 20-24) 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 — Word mark Nutriskin Protection Complex (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 25-30) 4. Community trade mark — Decisions of the Office — Principle of equal treatment — Principle of sound administration — OHIM’s previous decision-making practice (see para. 36) 5. Community trade mark — Procedural provisions — Statement of reasons for decisions (Council Regulation No 207/2009, Art. 75) (see paras 39, 40) Re: ACTION brought against the decision of the First Board of Appeal of OHIM of 26 May 2011 (Case R 1524/2010‑1), concerning an application for registration of the sign Nutriskin Protection Complex as a Community trade mark. Operative part The Court: 1. Dismisses the action; 2. Orders Paul Hartmann AG to pay the costs.