Judgment — ECLI:EU:T:2014:737
Date: 2014-09-03
Language of the case: French
Court formation: Third Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - successful
Origin: France

Judgment of the General Court (Third Chamber) of 3 September 2014 — Unibail Management v OHIM (Representation of two lines and four stars) (Case T‑686/13) Community trade mark — Application for a figurative Community trade mark representing two lines and four stars — Absolute ground for refusal — Distinctive character — Article 7(1)(b) and Article 75 of Regulation (EC) No 207/2009 — Absence of concrete assessment — Duty to state reasons 1. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Separate examination of the grounds for refusal in relation to each of the goods or services covered by the application for registration — Obligation to state the reasons for refusing to register — Scope (Council Regulation No 207/2009, Arts 7(1), and 75) (see paras 14, 15, 26) 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 para. 16) Re: ACTION brought against the decision of the Second Board of Appeal of OHIM of 3 September 2013 (Case R 300/2013-2) concerning an application for registration of a sign representing two lines and 4 stars as a Community trade mark. Operative part The Court: 1. Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 3 September 2013 (case R 300/2013-2) in so far as it dismissed the appeal of Unibail Management for products and services falling within classes 16, 35, 36, 38, 41 and 42; 2. Orders OHIM to pay the costs.