Judgment — ECLI:EU:T:2015:622
Date: 2015-09-10
Language of the case: German
Court formation: Eighth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (Eighth Chamber) of 10 September 2015 — Laverana v OHIM (BIO INGRÉDIENTS VÉGÉTAUX PROPRE FABRICATION) (Case T‑30/14) Community trade mark — Application for Community figurative mark BIO INGRÉDIENTS VÉGÉTAUX PROPRE FABRICATION — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 1. Community trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Direction issued to the Office — Not included (Council Regulation No 207/2009, Art. 65(6)) (see para. 9) 2. 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 — Not included (Council Regulation No 207/2009, Art. 65) (see para. 10) 3. 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 para. 16) 4. 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 — Aim — Need to preserve availability (Council Regulation No 207/2009, Art. 7(1)(c)) (see para. 17) 5. 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 — Figurative mark BIO INGRÉDIENTS VÉGÉTAUX PROPRE FABRICATION (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 18-21, 23) 6. 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 para. 22) 7. Community trade mark — Decisions of the Office — Principle of equal treatment — Principle of sound administration — OHIM’s previous decision-making practice — Principle of legality — Need for a strict and complete examination in each particular case (Council Regulation No 207/2009) (see para. 25) Re: ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 11 November 2013 (Case R 1749/2013-4) concerning an application for registration of the figurative sign BIO INGRÉDIENTS VÉGÉTAUX PROPRE FABRICATION as a Community trade mark. Operative part The Court: 1. Dismisses the action; 2. Orders Laverana GmbH & Co. KG to pay the costs.