This document is an excerpt from the EUR-Lex website
Document 62018TJ0229
Judgment of the General Court (First Chamber) of 5 June 2019.
Biolatte Oy v European Union Intellectual Property Office.
EU trade mark — Application for EU word mark Biolatte — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001.
Case T-229/18.
Judgment of the General Court (First Chamber) of 5 June 2019.
Biolatte Oy v European Union Intellectual Property Office.
EU trade mark — Application for EU word mark Biolatte — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001.
Case T-229/18.
Court reports – general
Judgment of the General Court (First Chamber) of 5 June 2019 — Biolatte v EUIPO (Biolatte)
(Case T‑229/18)
(EU trade mark — Application for EU word mark Biolatte — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001)
1. |
EU trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Direction issued to the Office — Not included (European Parliament and Council Regulation 2017/1001, Art. 72(6)) (see para. 15) |
2. |
EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of distinctive character — Word mark Biolatte (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paras 23-25, 33, 42-46, 48, 67, 74-76, 86, 100) |
3. |
EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of distinctive character — Concept — Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see para. 30) |
4. |
EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of distinctive character — Assessment of distinctive character — Criteria (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paras 31, 52) |
5. |
EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of distinctive character — Exception — Distinctive character acquired through use — Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 7(3)) (see para. 93) |
Re
Action brought against the decision of the First Board of Appeal of EUIPO of 6 February 2018 (Case R 351/2017-1), relating to an application for registration of the word sign Biolatte as an EU trade mark.
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders Biolatte Oy to pay the costs. |