Judgments (Information) nº T-208/12 of The General Court, July 11, 2013

• Resolution Date: July 11, 2013
• Issuing Organization: The General Court
• Decision Number: T-208/12

Judgment of the General Court (Seventh Chamber) of 11 July 2013 —Think Schuhwerk v OHIM (Red shoelace end caps) (Case T‑208/12)

Community trade mark — Application for a Community trade mark — Red shoelace end caps — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Procedure by default

1. Community trade mark — Procedural provisions — Examination of the facts of the Office’s own motion — Scope — No obligation to prove matters within common knowledge (Council Regulation No 207/2009, Art. 76(1)) (see para. 24)

2. 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 — Sign being confused with the appearance of the designated product (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 32-34, 47)

3. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Red shoelace end caps (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 35-40)

4. Community trade mark — Decisions of the Office — Principle of equal treatment — Principle of sound administration — OHIM’s previous decision-making practice (see paras 55, 56)

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