Judgments (Information) nº T-515/11 of The General Court, June 06, 2013

• Resolution Date: June 06, 2013
• Issuing Organization: The General Court
• Decision Number: T-515/11

Judgment of the General Court (Sixth Chamber) of 6 June 2013 — Delphi Technologies v OHIM (INNOVATION FOR THE REAL WORLD)

(Case T‑515/11)

Community trade mark — Application for Community word mark INNOVATION FOR THE REAL WORLD — 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 — Assessment of distinctive character — Criteria (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 15, 16)

2. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Marks constituted of advertising slogans — Distinctive character — Application of specific criteria for assessment (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 17, 18, 36)

3. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Word mark INNOVATION FOR THE REAL WORLD (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 20-24, 32, 33, 37, 38, 43)

4. 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...