This document is an excerpt from the EUR-Lex website
Document 62016TJ0430
Judgment of the General Court (Eighth Chamber) of 22 March 2017.
Intercontinental Exchange Holdings, Inc. v European Union Intellectual Property Office.
EU trade mark — Application for the EU word mark BRENT INDEX — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009.
Case T-430/16.
Judgment of the General Court (Eighth Chamber) of 22 March 2017.
Intercontinental Exchange Holdings, Inc. v European Union Intellectual Property Office.
EU trade mark — Application for the EU word mark BRENT INDEX — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009.
Case T-430/16.
Court reports – general – 'Information on unpublished decisions' section
Judgment of the General Court (Eighth Chamber) of 22 March 2017 — Intercontinental Exchange Holdings v EUIPO (BRENT INDEX)
(Case T‑430/16)
(EU trade mark — Application for the EU word mark BRENT INDEX — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009)
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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. 16) |
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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—Concept (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 17, 18) |
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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—Concept—Mark composed of a word or neologism resulting from a combination of elements (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 19, 20) |
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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—Word mark BRENT INDEX (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 28-35, 38-40) |
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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 44-46) |
Re:
ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 2 June 2016 (Case R 8/2016-4), concerning an application for registration of the word sign BRENT INDEX as an EU trade mark.
Operative part
The Court:
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Dismisses the action; |
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Orders Intercontinental Exchange Holdings, Inc. to pay the costs. |