Judgment of the General Court (Fourth Chamber) of 23 January 2014 — Novartis v OHIM (CARE TO CARE)

(Case T‑68/13)

‛Community trade mark — Application for the Community word mark CARE TO CARE — Absolute ground for refusal — No 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 — Marks devoid of any distinctive character — Assessment of distinctiveness — Criteria (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 12-14)

2. 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 15-18)

3. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Word mark CARE TO CARE (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 23, 35-43)

4. Community trade mark — Procedural provisions — Statement of reasons for decisions — Article 75, first sentence, of Regulation No 207/2009 — Scope identical to that of Article 296 TFEU (Art. 296 TFEU; Council Regulation No 207/2009, Art. 75, first sentence) (see paras 27, 28)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 29 November 2012 (Case R 953/2012‑1), concerning an application for registration of the word sign CARE TO CARE as a Community trade mark.

Operative part

The Court:

1. Dismisses the action;

2. Orders Novartis AG to pay the costs.

Judgment of the General Court (Fourth Chamber) of 23 January 2014 — Novartis v OHIM (CARE TO CARE)

(Case T‑68/13)

‛Community trade mark — Application for the Community word mark CARE TO CARE — Absolute ground for refusal — No 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 — Marks devoid of any distinctive character — Assessment of distinctiveness — Criteria (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 12-14)

2. 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 15-18)

3. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Word mark CARE TO CARE (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 23, 35-43)

4. Community trade mark — Procedural provisions — Statement of reasons for decisions — Article 75, first sentence, of Regulation No 207/2009 — Scope identical to that of Article 296 TFEU (Art. 296 TFEU; Council Regulation No 207/2009, Art. 75, first sentence) (see paras 27, 28)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 29 November 2012 (Case R 953/2012‑1), concerning an application for registration of the word sign CARE TO CARE as a Community trade mark.

Operative part

The Court:

1. Dismisses the action;