Judgment — ECLI:EU:T:2015:892
Date: 2015-11-26
Language of the case: German
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Netherlands

Judgment of the General Court (Ninth Chamber) of 26 November 2015 — Demp v OHIM (TURBO DRILL) (Case T‑50/14) Community trade mark — Application for Community word mark TURBO DRILL — 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 12, 36, 43) 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 — Concept (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 13, 14) 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 TURBO DRILL (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 16, 19, 33-45) Re: ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 22 November 2013 (Case R 1254/2013-4), concerning an application for registration of the word sign TURBO DRILL as a Community trade mark. Operative part The Court: 1. Dismisses the action; 2. Orders Demp BV to pay the costs.