Judgment of the General Court (Second Chamber) of 13 January 2014 — LaserSoft Imaging v OHIM (WorkflowPilot)

(Case T‑475/12)

‛Community trade mark — Application for Community word mark WorkflowPilot — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) 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. 13)

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 — Scope (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 14, 15)

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 — Concept — Mark composed of a word or neologism resulting from a combination of elements (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 16, 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 — Word sign WorkflowPilot (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 20-33)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 6 August 2012 (Case R 480/2012-4), concerning an application for registration of the word mark WorkflowPilot as a Community trade mark.

Operative part

The Court:

1. Dismisses the action;

2. Orders LaserSoft Imaging AG to pay the costs.

Judgment of the General Court (Second Chamber) of 13 January 2014 — LaserSoft Imaging v OHIM (WorkflowPilot)

(Case T‑475/12)

‛Community trade mark — Application for Community word mark WorkflowPilot — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) 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. 13)

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 — Scope (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 14, 15)

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 — Concept — Mark composed of a word or neologism resulting from a combination of elements (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 16, 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 — Word sign WorkflowPilot (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 20-33)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 6 August 2012 (Case R 480/2012-4), concerning an application for registration of the word mark WorkflowPilot as a Community trade mark.

Operative part

The Court:

1. Dismisses the action;