Judgment of the General Court (Third Chamber) of 3 September 2014 — Unibail Management v OHIM (Representation of two lines and five stars)

(Case T‑687/13)

‛Community trade mark — Application for a figurative Community trade mark representing two lines and five stars — Absolute ground for refusal — Distinctive character — Article 7(1)(b) and Article 75 of Regulation (EC) No 207/2009 — Absence of concrete assessment — Duty to state reasons’

1. 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 paras 14, 15, 26)

2. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Assessment of distinctive character — Criteria (Council Regulation No 207/2009, Art. 7(1)(b)) (see para. 16)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 3 September 2013 (Case R 299/2013-2), concerning an application for the registration of a sign representing two lines and five stars as a Community trade mark.

Operative part

The Court:

1. Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 3 September 2013 (Case R 299/2013-2) in so far as it dismissed the appeal brought by Unibail Management for products and services falling within classes 16, 35, 36, 38, 41 and 42;

2. Orders OHIM to pay the costs.

Judgment of the General Court (Third Chamber) of 3 September 2014 — Unibail Management v OHIM (Representation of two lines and five stars)

(Case T‑687/13)

‛Community trade mark — Application for a figurative Community trade mark representing two lines and five stars — Absolute ground for refusal — Distinctive character — Article 7(1)(b) and Article 75 of Regulation (EC) No 207/2009 — Absence of concrete assessment — Duty to state reasons’

1. 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 paras 14, 15, 26)

2. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Assessment of distinctive character — Criteria (Council Regulation No 207/2009, Art. 7(1)(b)) (see para. 16)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 3 September 2013 (Case R 299/2013-2), concerning an application for the registration of a sign representing two lines and five stars as a Community trade mark.

Operative part

The Court:

1. Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 3 September 2013 (Case R 299/2013-2) in so far as it dismissed the appeal brought by Unibail Management for products and services falling within classes 16, 35, 36, 38, 41 and 42;