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Joined Cases T-381/13 and T-382/13: Judgment of the General Court of 16 December 2015 — Perfetti Van Melle v OHIM (DAISY and MARGARITAS) (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)
ECLI:EU:UNKNOWN:62013TA0381
62013TA0381
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Official Journal of the European Union
C 48/45
(Joined Cases T-381/13 and T-382/13) (<span class="super">1</span>)
((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:
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’;
2.Orders OHIM to pay the costs.
(<span class="super">1</span>) OJ C 274, 21.9.2013.