Judgment — ECLI:EU:T:2014:942
Date: 2014-11-12
Language of the case: German
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (Sixth Chamber) of 12 November 2014 — Murnauer Markenvertrieb v OHIM — Healing Herbs (NOTFALL) (Case T‑188/13) Community trade mark — Invalidity proceedings — Community word mark NOTFALL — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 52(1)(a) and Article 7(1)(b) and (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 — Concept (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 19, 20, 25) 2. 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 NOTFALL (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 23, 24, 26-30) 3. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Separate examination of the various grounds for refusal — Overlap between the scope of the grounds for refusal set out in subparagraphs (b) and (c) of Article 7(1) of Regulation No 207/2009 (Council Regulation No 207/2009, Art. 7(1)(b) and (c)) (see para. 35) 4. Community trade mark — Decisions of the Office — Principle of equal treatment — Principle of sound administration — OHIM’s previous decision-making practice (see para. 42) Re: ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 4 February 2013 (Case R 132/2012-4) relating to invalidity proceedings between Healing Herbs Ltd and Murnauer Markenvertrieb GmbH. Operative part The Court: 1. Dismisses the action; 2. Orders Murnauer Markenvertrieb GmbH to pay its own costs and those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) and by Healing Herbs Ltd.