Judgment — ECLI:EU:T:2015:8
Date: 2015-01-14
Language of the case: Lithuanian
Court formation: Third Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Lithuania

Judgment of the General Court (Third Chamber) of 14 January 2015 — Melt Water v OHIM (MELT WATER Original) (Case T‑69/14) Community trade mark — Application for Community figurative mark MELT WATER Original — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 1. Community trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Direction issued to the Office — Exclusion (Council Regulation No 207/2009, Art. 65(6)) (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 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. 18) 3. 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 — Criteria (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 19-21) 4. 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 — Figurative mark MELT WATER Original (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 25-28) 5. Community trade mark — Decisions of the Office — Principle of equal treatment — Principle of sound administration — OHIM’s previous decision-making practice (see para. 37) Re: ACTION brought against the decision of the Fifth Board of Appeal of OHIM of 26 November 2013 (Case R 494/2013-5), concerning an application for registration of the figurative sign MELT WATER Original as a Community trade mark. Operative part The Court: 1. Dismisses the action; 2. Orders Research and Production Company ‘Melt Water’ UAB to pay the costs.