Judgment of the General Court (First Chamber) of 1 March 2016 —

Peri v OHIM (Multiprop)

(Case T‑538/14)

‛Community trade mark — Application for Community word mark Multiprop — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — No distinctive character — Article 7(1)(b) of Regulation No 207/2009 — Obligation to state reasons’

1. Community trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Review of the lawfulness of decisions of the Boards of Appeal — Account taken by the General Court of matters of law and fact which have not been raised previously before the departments of OHIM — Not included (Rules of Procedure of the General Court (1991), Art. 135(4); Council Regulation No 207/2009, Art. 65(2)) (see para. 11)

2. Community trade mark — Procedural provisions — Examination of the facts of the Office’s own motion — Scope — No obligation to prove matters within common knowledge — Dispute before the General Court — Submission of documents to demonstrate the accuracy of a well-known fact (Council Regulation No 207/2009, Art. 76(1)) (see para. 14)

3. 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 21, 22)

4. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods — Aim — Need to preserve availability (Council Regulation No 207/2009, Art. 7(1)(c)) (see para. 33)

5. 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 para. 34)

6. 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 — Assessment of the descriptive nature of a sign — Criteria (Council Regulation No 207/2009, Art. 7(1)(c)) (see para. 35)

7. 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 Multiprop (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 36, 44, 45, 54)

8. Actions for annulment — Subject-matter — Decision based on several pillars of reasoning, each sufficient to justify the operative part — Decision on the acquisition of the Community trade mark — Pleas relating to an error or other illegality affecting only one of the pillars of reasoning — Action not founded (Art. 263 TFEU; Council Regulation No 207/2009, Art. 7) (see para. 42)

9. Community trade mark — Definition and acquisition of the Community trade mark — Assessment of the registrability of a sign — Account to be taken only of Community legislation — Earlier registration of the mark in certain Member States or third countries — Decisions not binding Community bodies (Council Regulation No 207/2009) (see para. 46)

10. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Overlap between the scope of the grounds for refusal set out in subparagraphs (b) and (c) of Article 7(1) of Regulation No 207/2009 (Council Regulation No 207/2009, Art. 7(1)(b) and (c)) (see paras 52, 53)

Re:

ACTION for annulment of the decision of the First Board of Appeal of OHIM of 29 April 2014 (Case R 1661/2013-1), concerning an application for registration of the word sign Multiprop as a Community trade mark.

Operative part

The Court:

1. Dismisses the action;