Judgment of the General Court (Seventh Chamber) of 13 September 2012 — Sogepi Consulting y Publicidad v OHIM (ESPETEC)

(Case T-72/11)

‛Community trade mark — Application for Community word mark ESPETEC — Absolute grounds for refusal — Descriptive nature — Lack of distinctiveness — Lack of distinctiveness acquired by use — Article 7(1)(b) and (c) and (3) of Regulation (EC) No 207/2009’

1. Procedure — Application initiating proceedings — Formal requirements — Summary statement of pleas (Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the General Court, Art. 44(1)(c)) (see para. 17)

2. Community trade mark — Appeals procedure — Appeal before a Court of the European Union — Jurisdiction of the General Court — Re-evaluation of the facts in the light of evidence produced for the first time before it — Exclusion (Rules of Procedure of the General Court, Art. 135(4); Council Regulation No 207/2009, Art. 65) (see para. 24)

3. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Marks composed exclusively of signs or indications capable of designating the characteristics of a service — Word mark ESPETEC (Council Regulation No 207/2009, Art. 7(1)(b) and (c)) (see paras 36-38, 40-41)

4. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Exception — Acquisition of distinctiveness through use (Council Regulation No 207/2009, Art. 7(3)) (see paras 43-45, 50-55, 61-66)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 12 November 2010 (Case R 312/2010-2) concerning an application for registration of the word mark ESPETEC as a Community trade mark.

Operative part

The Court:

1. Dismisses the action;

2. Orders Sogepi Consulting y Publicidad, SL to pay the costs.

Judgment of the General Court (Seventh Chamber) of 13 September 2012 — Sogepi Consulting y Publicidad v OHIM (ESPETEC)

(Case T-72/11)

‛Community trade mark — Application for Community word mark ESPETEC — Absolute grounds for refusal — Descriptive nature — Lack of distinctiveness — Lack of distinctiveness acquired by use — Article 7(1)(b) and (c) and (3) of Regulation (EC) No 207/2009’

1. Procedure — Application initiating proceedings — Formal requirements — Summary statement of pleas (Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the General Court, Art. 44(1)(c)) (see para. 17)

2. Community trade mark — Appeals procedure — Appeal before a Court of the European Union — Jurisdiction of the General Court — Re-evaluation of the facts in the light of evidence produced for the first time before it — Exclusion (Rules of Procedure of the General Court, Art. 135(4); Council Regulation No 207/2009, Art. 65) (see para. 24)

3. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Marks composed exclusively of signs or indications capable of designating the characteristics of a service — Word mark ESPETEC (Council Regulation No 207/2009, Art. 7(1)(b) and (c)) (see paras 36-38, 40-41)

4. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Exception — Acquisition of distinctiveness through use (Council Regulation No 207/2009, Art. 7(3)) (see paras 43-45, 50-55, 61-66)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 12 November 2010 (Case R 312/2010-2) concerning an application for registration of the word mark ESPETEC as a Community trade mark.

Operative part

The Court:

1. Dismisses the action;