This document is an excerpt from the EUR-Lex website
Document 62017TJ0829
Judgment of the General Court (Eighth Chamber) of 28 March 2019.
Coesia SpA v European Union Intellectual Property Office.
EU trade mark — Application for an EU figurative mark representing two oblique red curves — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) — Obligation to state reasons — Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001).
Case T-829/17.
Judgment of the General Court (Eighth Chamber) of 28 March 2019.
Coesia SpA v European Union Intellectual Property Office.
EU trade mark — Application for an EU figurative mark representing two oblique red curves — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) — Obligation to state reasons — Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001).
Case T-829/17.
Court reports – general – 'Information on unpublished decisions' section
Judgment of the General Court (Eighth Chamber) of 28 March 2019 –
Coesia v EUIPO (Representation of two oblique red curves)
(Case T‑829/17)
(EU trade mark — Application for an EU figurative mark representing two oblique red curves — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) — Obligation to state reasons — Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001))
1. |
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 para. 16) |
2. |
EU trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Review of the lawfulness of decisions of the Boards of Appeal — Account taken by the General Court of matters of law and fact not previously raised before the departments of EUIPO — Precluded (Council Regulation No 207/2009, Art. 65) (see para. 24) |
3. |
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 27-29, 64) |
4. |
EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Figurative mark representing two oblique red curves (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 31-39, 45-59) |
5. |
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 — Recognition of the distinctiveness of the sign not subject to a finding of a certain level of creativity or linguistic or artistic imagination (Council Regulation No 207/2009, Art. 7(1)(b)) (see para. 42-44) |
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 (Council Regulation No 207/2009) (see paras 68-71) |
7. |
EU trade mark — Definition and acquisition of the EU trade mark — Assessment of the registrability of a sign — EU rules only taken into account — Decisions of national authorities not binding EU bodies (Council Regulation No 207/2009) (see paras 81, 85, 86) |
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 29 September 2017 (Case R 1272/2017-5), regarding an application for registration of a figurative sign representing two oblique red curves as an EU trade mark.
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders Coesia SpA to pay the costs. |