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Case T-611/13: Judgment of the General Court of 15 July 2015 — Australian Gold v OHIM — Effect Management & Holding (HOT) (Community trade mark — Invalidity proceedings — International registration designating the European Community — Figurative mark HOT — Absolute grounds for refusal — Lack of descriptiveness — Distinctiveness — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Second sentence of Article 75 of Regulation (EC) No 207/2009 — Cross-claim before the Board of Appeal — Article 8(3) of Regulation (EC) No 216/96 — Cross-claim before the General Court — Article 134(3) of the Rules of Procedure of 2 May 1991)
ECLI:EU:UNKNOWN:62013TA0611
62013TA0611
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14.9.2015
Official Journal of the European Union
C 302/50
(Case T-611/13) (1)
((Community trade mark - Invalidity proceedings - International registration designating the European Community - Figurative mark HOT - Absolute grounds for refusal - Lack of descriptiveness - Distinctiveness - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 - Second sentence of Article 75 of Regulation (EC) No 207/2009 - Cross-claim before the Board of Appeal - Article 8(3) of Regulation (EC) No 216/96 - Cross-claim before the General Court - Article 134(3) of the Rules of Procedure of 2 May 1991))
(2015/C 302/64)
Language of the case: German
Parties
Applicant: Australian Gold LLC (Indianapolis, Indiana, United States) (represented by: A. von Mühlendahl and H. Hartwig, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Poch and S. Hanne, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Effect Management & Holding GmbH (Vöcklabruck, Austria) (represented by: H. Pernez, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 10 September 2013 (Case R 1881/2012-4) concerning invalidity proceedings between Australian Gold LLC and Effect Management & Holding GmbH.
Operative part of the judgment
The Court:
1.Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 10 September 2013 (Case R 1881/2012-4) in so far as it failed to adjudicate on the application of Australian Gold LLC concerning ‘cleaning, polishing, degreasing and abrasive preparations’ in Class 3 and ‘sanitary preparations for medical purposes’ in Class 5, and in so far as it annulled and altered the decision of the Cancellation Division for ‘perfumes, essential oils, cosmetics, including shampoos, shower gels, body lotions, face creams’ in Class 3;
2.Dismisses the action brought by Effect Management & Holding GmbH before the Board of Appeal in respect of ‘perfumes, essential oils, cosmetics, including shampoos, shower gels, body lotions, face creams’;
3.Dismisses the remainder of the action;
4.Rejects the request for alteration submitted by Effect Management & Holding;
5.Orders each party to bear its own costs.
(1) OJ C 24, 25.1.2014.