1. 

EU trade mark—Definition and acquisition of the EU trade mark—Absolute grounds for refusal—Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service—Aim—Need to preserve availability

(Council Regulation No 207/2009, Art. 7(1)(c))

(see para. 14)

2. 

EU trade mark—Definition and acquisition of the EU trade mark—Absolute grounds for refusal—Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service—Meaning—Mark composed of a word or neologism resulting from a combination of elements

(Council Regulation No 207/2009, Art. 7(1)(c))

(see paras 17, 18)

3. 

EU trade mark—Definition and acquisition of the EU trade mark—Absolute grounds for refusal—Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service—Assessment of the descriptive nature of a sign—Criteria

(Council Regulation No 207/2009, Art. 7(1)(c))

(see para. 19)

4. 

EU trade mark—Definition and acquisition of the EU trade mark—Absolute grounds for refusal—Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service—Figurative mark FRee STyLe

(Council Regulation No 207/2009, Art. 7(1)(c) and (2))

(see paras 21, 22, 25-50)

5. 

EU trade mark—Appeals procedure—Appeal against a decision of the Opposition Division of EUIPO—Examination by the Board of Appeal—Scope—Facts and evidence not produced in support of the opposition within the period prescribed for that purpose—Account taken—Discretion of the Board of Appeal

(Council Regulation No 207/2009, Art. 76(2)

(see paras 54-56)

6. 

EU trade mark—Decisions of the Office—Principle of equal treatment—Principle of sound administration—EUIPO’s previous decision-making practice—Principle of legality—Need for a strict and complete examination in each particular case

(see paras 63, 64)

1. 

Dismisses the action;

2. 

Orders El Corte Inglés, SA, to pay the costs.