Judgment — ECLI:EU:T:2015:34
Date: 2015-01-21
Language of the case: English
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Judgment of the General Court (Second Chamber) of 21 January 2015 — Grundig Multimedia v OHIM (GentleCare) (Case T‑188/14) Community trade mark — Application for Community word mark GentleCare — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Equal treatment 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 — Word mark GentleCare (Council Regulation No 207/2009, Art. 7(1)(c)) (see para. 22) 2. Community trade mark — Decisions of the Office — Principle of equal treatment — Principle of sound administration — OHIM’s previous decision-making practice — Principle of legality — Need for a strict and complete examination in each particular case (see paras 41-43) Re: ACTION brought against the decision of the Fifth Board of Appeal of OHIM of 24 January 2014 (Case R 739/2013-5) confirming rejection of the application for registration of the word sign GentleCare as a Community trade mark. Operative part The Court: 1. Dismisses the action; 2. Orders Grundig Multimedia AG to pay the costs.