Judgment of the General Court (Sixth Chamber) of 25 September 2014 — CEWE Stiftung v OHIM (SMILECARD)

(Case T‑484/12)

‛Community trade mark — Application for Community word mark SMILECARD — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009’

1. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service — Aim — Need to preserve availability (Council Regulation No 207/2009, Art. 7(1)(c)) (see para. 12)

2. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service — Concept (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 13, 14)

3. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service — Assessment of the descriptive nature of a sign — Criteria (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 15-17)

4. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service — Concept — Mark composed of a word or neologism resulting from a combination of elements (Council Regulation No 207/2009, Art. 7(1)(c)) (see para. 18)

5. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service — Word mark SMILECARD (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 20, 21, 27-32)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 3 September 2012 (Case R 2279/2011-4) concerning an application for registration of the word sign SMILECARD as a Community trade mark.

Operative part

The Court:

1. Dismisses the action;

2. Orders CEWE Stiftung & Co. KGaA to pay the costs.

Judgment of the General Court (Sixth Chamber) of 25 September 2014 — CEWE Stiftung v OHIM (SMILECARD)

(Case T‑484/12)

‛Community trade mark — Application for Community word mark SMILECARD — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009’

1. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service — Aim — Need to preserve availability (Council Regulation No 207/2009, Art. 7(1)(c)) (see para. 12)

2. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service — Concept (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 13, 14)

3. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service — Assessment of the descriptive nature of a sign — Criteria (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 15-17)

4. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service — Concept — Mark composed of a word or neologism resulting from a combination of elements (Council Regulation No 207/2009, Art. 7(1)(c)) (see para. 18)

5. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service — Word mark SMILECARD (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 20, 21, 27-32)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 3 September 2012 (Case R 2279/2011-4) concerning an application for registration of the word sign SMILECARD as a Community trade mark.

Operative part

The Court:

1. Dismisses the action;