Judgment — ECLI:EU:T:2014:1067
Date: 2014-12-12
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 12 December 2014 — Wilo v OHIM (Pioneering for You) (Case T‑601/13) Community trade mark — Application for Community word mark Pioneering for You — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 1. Community trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Review of the lawfulness of decisions of the Boards of Appeal — Re-examination of the facts in the light of evidence not previously submitted before OHIM bodies — Exclusion (Council Regulation No 207/2009, Arts 65(2), and 76(1)) (see para. 12) 2. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Assessment of distinctive character — Criteria (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 18-21) 3. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Marks constituted of advertising slogans — Distinctive character — Application of specific criteria for assessment — Inadmissibility (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 22, 23) 4. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Marks constituted of advertising slogans — Flattering promotional formula (Council Regulation No 207/2009, Art. 7(1)(b)) (see para. 24) 5. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Word mark Pioneering for You (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 32, 35, 36, 39, 40) 6. Community trade mark — Decisions of the Office — Legality — Examination by the EU judicature — Criteria (Council Regulation No 207/2009) (see paras 41, 42) Re: ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 11 September 2013 (Case R 555/2013-4) concerning an application for registration of the word sign Pioneering for You as a Community trade mark. Operative part The Court: 1. Dismisses the action; 2. Orders Wilo SE to pay the costs.