This document is an excerpt from the EUR-Lex website
Document 62017TJ0762
Judgment of the General Court (Seventh Chamber) of 20 March 2019.
Grammer AG v European Union Intellectual Property Office.
EU trade mark — Application for EU figurative mark representing a shape — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001).
Case T-762/17.
Judgment of the General Court (Seventh Chamber) of 20 March 2019.
Grammer AG v European Union Intellectual Property Office.
EU trade mark — Application for EU figurative mark representing a shape — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001).
Case T-762/17.
Court reports – general – 'Information on unpublished decisions' section
Judgment of the General Court (Seventh Chamber) of 20 March 2019 –
Grammer v EUIPO (Representation of a shape)
(Case T‑762/17)
(EU trade mark — Application for EU figurative mark representing a shape — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001))
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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 — Meaning — Criteria for assessment (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 13-15, 17-19) |
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EU trade mark — Procedural provisions — Statement of reasons for decisions — First sentence of Article 75 of Regulation No 207/2009 — Scope identical to that of Article 296 TFEU (Art. 296 TFEU; Council Regulation No 207/2009, Art. 75, first sentence) (see paras 23, 24) |
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EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Figurative sign representing a shape (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 25-37) |
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 6 September 2017 (Case R 2250/2016-4), concerning an application for registration of a shape as an EU figurative mark.
Operative part
The Court:
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1. |
Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 6 September 2017 (Case R-2250/2016); |
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Orders EUIPO to pay the costs, including the costs necessarily incurred by Grammer AG for the purposes of the proceedings before the Board of Appeal of EUIPO. |