This document is an excerpt from the EUR-Lex website
Document 62017TJ0790
Judgment of the General Court (Second Chamber) of 20 November 2018.
St. Andrews Links Ltd v European Union Intellectual Property Office.
EU trade mark — Application for the EU word mark ST ANDREWS — Absolute ground for refusal — Descriptive character — Geographical origin — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001).
Case T-790/17.
Judgment of the General Court (Second Chamber) of 20 November 2018.
St. Andrews Links Ltd v European Union Intellectual Property Office.
EU trade mark — Application for the EU word mark ST ANDREWS — Absolute ground for refusal — Descriptive character — Geographical origin — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001).
Case T-790/17.
Court reports – general – 'Information on unpublished decisions' section
Judgment of the General Court (Second Chamber) of 20 November 2018 –
St Andrews Links v EUIPO (ST ANDREWS)
(Case T‑790/17)
(EU trade mark — Application for the EU word mark ST ANDREWS — Absolute ground for refusal — Descriptive character — Geographical origin — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001))
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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 — Assessment of the descriptive nature of a sign — Geographical names (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 21-26, 32, 33, 57) |
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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 ST ANDREWS (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 38, 41, 44, 49, 58) |
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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. 40) |
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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 — Meaning (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 42, 52, 53) |
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 2 October 2017 (Case R 92/2017-4), relating to an application for registration of the word sign ST ANDREWS as an EU trade mark.
Operative part
The Court:
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Dismisses the action; |
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Orders St. Andrews Links Ltd to pay the costs. |