Judgment — ECLI:EU:T:2013:220
Date: 2013-04-25
Language of the case: English
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 25 April 2013 — Bayerische Motoren Werke v OHIM (ECO PRO) (Case T‑145/12) Community trade mark — International registration designating the European Community — Word mark ECO PRO — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 1. Community trade mark — Definition and acquisition of the Community trade mark — Absolute 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 paras 18, 19) 2. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Word mark ECO PRO (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 23-32, 34) 3. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Word mark composed of several elements — Account taken of the overall perception of the combination by the relevant public (Council Regulation No 207/2009, Art. 7(1)(b)) (see para. 24) Re: ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 18 January 2012 (Case R 1418/2011-4), concerning the international registration designating the European Community of the word sign ECO PRO. Operative part The Court: 1. Dismisses the action; 2. Orders Bayerische Motoren Werke AG to pay the costs.