This document is an excerpt from the EUR-Lex website
Document 62018TJ0373
Judgment of the General Court (Seventh Chamber) of 4 April 2019.
ABB AB v European Union Intellectual Property Office.
EU trade mark — Application for EU word mark FLEXLOADER — Absolute grounds for refusal — Lack of descriptive character — Distinctive character — Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 — Neologism — Insufficiently direct and specific connection with certain goods covered by the mark applied for.
Case T-373/18.
Judgment of the General Court (Seventh Chamber) of 4 April 2019.
ABB AB v European Union Intellectual Property Office.
EU trade mark — Application for EU word mark FLEXLOADER — Absolute grounds for refusal — Lack of descriptive character — Distinctive character — Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 — Neologism — Insufficiently direct and specific connection with certain goods covered by the mark applied for.
Case T-373/18.
Court reports – general
ECLI identifier: ECLI:EU:T:2019:219
Judgment of the General Court (Seventh Chamber) of 4 April 2019 –
ABB v EUIPO (FLEXLOADER)
(Case T‑373/18)
(EU trade mark — Application for EU word mark FLEXLOADER — Absolute grounds for refusal — Lack of descriptive character — Distinctive character — Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 — Neologism — Insufficiently direct and specific connection with certain goods covered by the mark applied for)
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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 FLEXLOADER (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paras 20, 37, 47, 55-57) |
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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 — Aim — Need to preserve availability (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see para. 29) |
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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 — Concept — Mark composed of a word or neologism resulting from a combination of elements (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paras 30-32) |
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EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Examination of the grounds for refusal having regard to each of the goods or services covered by the application for registration — Obligation to state the reasons for refusing to register — Scope (European Parliament and Council Regulation 2017/1001, Arts 7(1) and 94, first sentence) (see paras 43-45) |
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 29 March 2018 (Case R 93/2018-1), concerning an application for registration of the word sign FLEXLOADER as an EU trade mark.
Operative part
The Court:
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Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 29 March 2018 (Case R 93/2018-1) in so far as it refused registration of the word sign FLEXLOADER for:
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Dismisses the action as to the remainder; |
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Orders ABB AB and EUIPO to each bear their own costs. |