20.7.2015
EN
Official Journal of the European Union
C 236/40
Judgment of the General Court of 4 June 2015 — Deluxe Laboratories v OHIM (deluxe)
(Case T-222/14) (1)
((Community trade mark - Application for figurative Community mark deluxe - Absolute grounds for refusal - Lack of distinctiveness - Article 7(1)(b) of Regulation (EC) No 207/2009 - Lack of descriptiveness - Article 7(1)(c) of Regulation No 207/2009 - Lack of distinctiveness acquired through use - Article 7(3) of Regulation No 207/2009 - Duty to state reasons - Article 75 of Regulation No 207/2009))
(2015/C 236/53)
Language of the case: Spanish
Parties
Applicant: Deluxe Laboratories, Inc. (Burbank, California, United States) (represented by: S. Serrat Viñas, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Palmero Cabezas, acting as Agent)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 22 January 2014 (Case R 1250/2013-2) concerning an application for registration of the figurative sign deluxe as a Community trade mark.
Operative part of the judgment
The Court:
1.
Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 22 January 2014 (Case R 1250/2013-2);
2.
Orders OHIM to pay the costs.
(1) OJ C 175, 10.6.2014.
Full & Egal Universal Law Academy