Judgment_paragraph 70 · Concept - Anlagen u. Geräte nach "GMP" für Produktion u. Labor GmbH v European Union Intellectual Property Office (T-127/02)

70With respect to the earlier national registrations on which the applicant relies, it is clear from the case-law that the Community trade mark regime is an autonomous system with its own set of objectives and rules peculiar to it; it is self-sufficient and applies independently of any national system (Case T-32/00 Messe München v OHIM (electronica) [2000] ECR II-3829, paragraph 47). Accordingly, the registrability of a sign as a Community trade mark is to be assessed on the basis of the relevant Community legislation alone. Consequently, neither OHIM nor, as the case may be, the Community Courts are bound by decisions adopted in any Member State, or indeed a third country, finding a sign to be registrable as a national trade mark (Case T-88/00 Mag Instrument v OHIM (Torch shapes) [2002] ECR II-467, paragraph 41). Registrations already made in the Member States are therefore a factor which may only be taken into consideration, without being given decisive weight, for the purposes of registering a Community trade mark (Case T-122/99 Procter & Gamble v OHIM (Soap bar shape) [2000] ECR II-265, paragraph 61; Case T-24/00 Sunrider v OHIM (VITALITE) [2001] ECR II-449, paragraph 33; Case T-337/99 Henkel v OHIM (Red and black round tablet) [2001] ECR II-2597, paragraph 58; and Case T-194/01 Unilever v OHIM (Ovoid tablet) [2003] ECR II-383, paragraph 68). Those considerations apply a fortiori to the registration of marks other than that sought in the present case.

Concept - Anlagen u. Geräte nach "GMP" für Produktion u. Labor GmbH v European Union Intellectual Property Office (T-127/02)

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