Source: EURLEX
Language: en
Format: md

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| 8.2.2016 | EN | Official Journal of the European Union | C 48/45 |

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Judgment of the General Court of 16 December 2015 — Perfetti Van Melle v OHIM (DAISY and MARGARITAS)

(Joined Cases T-381/13 and T-382/13)[(1)](#ntr1-C_2016048EN.01004501-E0001)

((Community trade mark - Application for Community word marks DAISY and MARGARITAS - Absolute grounds for refusal - Partial refusal to register - No distinctive character - Distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009))

(2016/C 048/50)

Language of the case: Italian

Parties

Applicant: Perfetti Van Melle SpA (Lainate, Italy) (represented by: P. Testa, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: L. Rampini, Agent)

Re:

Actions brought against two decisions of the First Board of Appeal of OHIM of 10 April 2013 (Cases R 427/2012-1 and R 430/2012-1), concerning applications for registration of the word sign DAISY and the word sign MARGARITAS as Community trade marks.

Operative part of the judgment

The Court:

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| 1. | Annuls the two decisions of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 10 April 2013 (Cases R 427/2012-1 and R 430/2012-1), in so far as they rejected the applications for registration of the word sign DAISY and the word sign MARGARITAS as Community trade marks in respect of the following goods: ‘confectionery, pastries, sweets, soft caramels, marshmallows, caramels, chewing gum, gelatine (confectionery), liquorice, lollipops, toffee, pastilles, sugar, chocolate, cocoa’; |

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| 2. | Orders OHIM to pay the costs. |

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