Judgment — ECLI:EU:T:2015:795
Date: 2015-10-22
Language of the case: English
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Judgment of the General Court (Sixth Chamber) of 22 October 2015 — Hewlett Packard Development Company v OHIM (ELITEPAD) (Case T‑470/14) Community trade mark — Application for Community word mark ELITEPAD — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 1. 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 — Aim — Need to preserve availability (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 14, 15, 32) 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 — Criteria (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 16-18) 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 ELITEPAD (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 24-29) 4. 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 33, 34) Re: ACTION brought against the decision of the Second Board of Appeal of OHIM of 27 March 2014 (Case R 884/2013-2), concerning an application for registration of the word sign ELITEPAD as a Community trade mark. Operative part The Court: 1. Dismisses the action; 2. Orders Hewlett Packard Development Company LP to pay the costs.