Judgments (Information) nº T-248/11 of The General Court, June 27, 2013

• Resolution Date: June 27, 2013
• Issuing Organization: The General Court
• Decision Number: T-248/11

Judgment of the General Court (Sixth Chamber) of 27 June 2013 — International Engine Intellectual Property Company v OHIM (PURE POWER)

(Case T‑248/11)

Community trade mark — Application for the Community word mark PURE POWER — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009

1. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Concept — Criteria for assessment (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 14-16)

2. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Word mark PURE POWER (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 17, 39, 40)

3. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Trade mark made up of several elements — Possible for the competent authority to examine each of the elements making up the trade mark — Need to take account of the overall...