Judgment — ECLI:EU:T:2015:983
Date: 2015-12-16
Language of the case: Italian
Court formation: Fifth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - successful
Origin: Italy

Action brought on 24 July 2013 – Perfetti Van Melle v OHIM (DAISY) (Case T-381/13) Language of the case: Italian Parties Applicant: Perfetti Van Melle SpA (Lainate, Italy) (represented by P. Testa, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Form of order sought The applicant claims that the Court should: Annul the decision of the First Board of Appeal of 10 April 2013 in Case R 427/2012-1, in so far as it rejected the application for registration of the trade mark ‘DAISY’ for the following products: confectionery, pastry, sweets, caramels, wine gums, caramel, chewing-gum, gelatine (confectionery), liquorice, lollipops, toffee, pastilles, sugar, chocolate, cocoa. Order OHIM to pay the costs. Pleas in law and main arguments Community trade mark concerned: Community word mark ‘DAISY’, for goods in Class 30 – Community trade mark application No 10 267 037 Decision of the Examiner: Application rejected Decision of the Board of Appeal: Appeal dismissed Pleas in law: Infringement of Article 7(1)(c) of Regulation No 207/2009, since the word ‘DAISY’ is not descriptive; Infringement of Article 7(1)(c) of Regulation No 207/2009, since the word ‘DAISY’ does not describe an essential characteristic of the product; Infringement of Article 7(1)(b) of Regulation No 207/2009, since the term ‘DAISY’ has distinctive character with regard to confectionery products.