Judgment — ECLI:EU:T:2015:797
Date: 2015-10-23
Language of the case: German
Court formation: Fourth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (Fourth Chamber) of 23 October 2015 — Geilenkothen Fabrik für Schutzkleidung v OHIM (Cottonfeel) (Case T‑822/14) Community trade mark — Application for Community word mark Cottonfeel — Absolute grounds for refusal — Lack of distinctive character — Descriptive character — Article 7(1)(b) and (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 — Concept (Council Regulation No 207/2009, Art. 7(1)(c)) (see para. 17) 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 — Assessment of the descriptive nature of a sign — Criteria (Council Regulation No 207/2009, Art. 7(1)(c), and (2)) (see paras 18, 19, 23, 38-40) 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 Cottonfeel (Council Regulation No 207/2009, Art. 7(1)(c), and (2)) (see paras 21, 22, 24, 25) 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 — Concept — Word mark composed of elements describing characteristics of the goods or services concerned — Whether included where the nature of the combination is not unusual (Council Regulation No 207/2009, Art. 7(1)(c)) (see para. 38) 5. Community trade mark — Decisions of the Office — Principle of equal treatment — Principle of sound administration — OHIM’s previous decision-making practice (see para. 44) Re: ACTION brought against the decision of the First Board of Appeal of OHIM of 2 October 2014 (Case R 2579/2013-1), concerning an application for registration of the word sign Cottonfeel as a Community trade mark. Operative part The Court: 1. Dismisses the action; 2. Orders Geilenkothen Fabrik für Schutzkleidung GmbH to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).