Judgment — ECLI:EU:T:2012:445
Date: 2012-09-19
Based on: Treaty on the Functioning of the European Union (consolidated version 2008)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (Third Chamber) of 19 September 2012 — Fraas v OHIM (Tartan pattern in dark grey, light grey, light blue, dark blue, ochre and beige) (Case T‑231/11) Community trade mark — Application for a figurative Community trade mark representing a tartan pattern in dark grey, light grey, light blue, dark blue, ochre and beige — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b), Article 75 and Article 76(1) of Regulation (EC) No 207/2009 1. Community trade mark — Procedural provisions — Statement of reasons for decisions — Article 75, first sentence, of Regulation No 207/2009 — Scope identical to that of Article 296 TFEU (Art. 296 TFEU; Council Regulation No 207/2009, Art. 75, first sentence) (see para. 14) 2. Community trade mark — Procedural provisions — Statement of reasons for decisions (Council Regulation No 207/2009, Art. 75) (see paras 15-17) 3. Community trade mark — Procedural provisions — Examination of the facts of the Office’s own motion — Scope — No obligation to prove matters within common knowledge (Council Regulation No 207/2009, Art. 76(1)) (see paras 26-27) 4. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Figurative mark representing a tartan pattern in dark grey, light grey, light blue, dark blue, ochre and beige (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 45-75) Re: ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 4 March 2011 (Case R 2041/2010-4) concerning an application for registration of a figurative sign representing a tartan pattern in dark grey, light grey, light blue, dark blue, ochre and beige as a Community trade mark. Operative part The Court: 1. Dismisses the action; 2. Orders V. Fraas GmbH to pay the costs.