This document is an excerpt from the EUR-Lex website
Document 62016TJ0479
Judgment of the General Court (Sixth Chamber) of 28 June 2017.
Colgate-Palmolive Co. v European Union Intellectual Property Office.
EU trade mark — Application for EU figurative mark AROMASENSATIONS — Absolute ground for refusal — No distinctive character — Article 7(1)(b) and (2) of Regulation (EC) No 207/2009.
Case T-479/16.
Judgment of the General Court (Sixth Chamber) of 28 June 2017.
Colgate-Palmolive Co. v European Union Intellectual Property Office.
EU trade mark — Application for EU figurative mark AROMASENSATIONS — Absolute ground for refusal — No distinctive character — Article 7(1)(b) and (2) of Regulation (EC) No 207/2009.
Case T-479/16.
Court reports – general – 'Information on unpublished decisions' section
Judgment of the General Court (Sixth Chamber) of 28 June 2017 —
Colgate-Palmolive v EUIPO (AROMASENSATIONS)
(Case T‑479/16)
(EU trade mark — Application for EU figurative mark AROMASENSATIONS — Absolute ground for refusal — No distinctive character — Article 7(1)(b) and (2) of Regulation (EC) No 207/2009)
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1. |
EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Concept — Criteria for assessment (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 15-17, 19, 24) |
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2. |
EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Marks constituted of advertising slogans — Distinctive character — Application of specific criteria for assessment — Not permissible (Council Regulation No 207/2009, Art. 7(1)(b)) (see para. 18) |
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3. |
EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Marks constituted of advertising slogans — Flattering promotional formula (Council Regulation No 207/2009, Art. 7(1)(b)) (see para. 20) |
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4. |
EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Figurative mark AROMASENSATIONS (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 22, 25-27, 35, 37) |
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5. |
EU trade mark — Definition and acquisition of the EU trade mark — Assessment of the registrability of a sign — EU rules only taken into account — Earlier registration of the mark in certain Member States or third countries — Decisions not binding EU bodies (Council Regulation No 207/2009) (see para. 40) |
Re:
ACTION brought against the decision of the Second Board of Appeal of EUIPO of 6 June 2016 (Case R 2482/2015-2), concerning an application for registration of the figurative sign AROMASENSATIONS as an EU trade mark.
Operative part
The Court:
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1. |
Dismisses the action; |
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2. |
Orders Colgate-Palmolive Co. to pay the costs. |