This document is an excerpt from the EUR-Lex website
Document 62018TJ0264
Judgment of the General Court (Fourth Chamber) of 12 July 2019.
Gruppo Armonie SpA v European Union Intellectual Property Office.
EU trade mark — Application for EU figurative mark mo·da — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001 — Absolute ground for refusal in part of the European Union — Article 7(2) of Regulation 2017/1001 — No distinctive character acquired through use — Article 7(3) of Regulation 2017/1001.
Case T-264/18.
Judgment of the General Court (Fourth Chamber) of 12 July 2019.
Gruppo Armonie SpA v European Union Intellectual Property Office.
EU trade mark — Application for EU figurative mark mo·da — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001 — Absolute ground for refusal in part of the European Union — Article 7(2) of Regulation 2017/1001 — No distinctive character acquired through use — Article 7(3) of Regulation 2017/1001.
Case T-264/18.
Judgment of the General Court (Fourth Chamber) of 12 July 2019 –
Gruppo Armonie v EUIPO (mo·da)
(Case T‑264/18)
(EU trade mark — Application for EU figurative mark mo·da — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001 — Absolute ground for refusal in part of the European Union — Article 7(2) of Regulation 2017/1001 — No distinctive character acquired through use — Article 7(3) of Regulation 2017/1001)
|
1. |
EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of distinctive character — Meaning — Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paras 24, 32) |
|
2. |
EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of distinctive character — Figurative mark mo·da (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paras 29, 40, 45, 54, 63) |
|
3. |
EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of distinctive character — Marks consisting of advertising slogans — Slogan carrying an objective message (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see para. 33) |
|
4. |
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 — Trade mark devoid of distinctive character throughout the EU — Acquisition by use also throughout the EU (European Parliament and Council Regulation 2017/1001, Art. 7(3)) (see para. 50) |
|
5. |
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 (see paras 60, 62) |
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 20 February 2018 (Case R 2065/2017-5) relating to an application for registration of the figurative sign mo·da as an EU trade mark.
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Gruppo Armonie SpA to pay the costs. |