Judgment of the General Court (Ninth Chamber) of 23 January 2014 — NCL v OHIM (NORWEGIAN BREAKAWAY)

(Case T‑514/12)

‛Community trade mark — Application for the Community word mark NORWEGIAN BREAKAWAY — Absolute grounds for refusal — Descriptive character — Lack of distinctiveness — Article 7(1)(b) and (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. 15)

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 16, 17)

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 — Word mark NORWEGIAN BREAKAWAY (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 26-28, 33-39, 46-49, 53, 54, 58, 59)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 12 September 2012 (Case R 1017/2012-4), concerning an application for registration of the word sign NORWEGIAN BREAKAWAY as a Community trade mark.

Operative part

The Court:

1. Dismisses the action;

2. Orders NCL Corporation Ltd., in addition to bearing its own costs, to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).

Judgment of the General Court (Ninth Chamber) of 23 January 2014 — NCL v OHIM (NORWEGIAN BREAKAWAY)

(Case T‑514/12)

‛Community trade mark — Application for the Community word mark NORWEGIAN BREAKAWAY — Absolute grounds for refusal — Descriptive character — Lack of distinctiveness — Article 7(1)(b) and (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. 15)

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 16, 17)

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 — Word mark NORWEGIAN BREAKAWAY (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 26-28, 33-39, 46-49, 53, 54, 58, 59)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 12 September 2012 (Case R 1017/2012-4), concerning an application for registration of the word sign NORWEGIAN BREAKAWAY as a Community trade mark.

Operative part

The Court:

1. Dismisses the action;