This document is an excerpt from the EUR-Lex website
Document 62019TJ0570
Judgment of the General Court (Tenth Chamber) of 26 March 2020.
Muratbey Gida Sanayi Ve Ticaret AŞ v European Union Intellectual Property Office.
EU trade mark — Application for a three-dimensional EU trade mark — Shape of a twisted cheese — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001.
Case T-570/19.
Judgment of the General Court (Tenth Chamber) of 26 March 2020.
Muratbey Gida Sanayi Ve Ticaret AŞ v European Union Intellectual Property Office.
EU trade mark — Application for a three-dimensional EU trade mark — Shape of a twisted cheese — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001.
Case T-570/19.
Court reports – general – 'Information on unpublished decisions' section
ECLI identifier: ECLI:EU:T:2020:127
Judgment of the General Court (Tenth Chamber) of 26 March 2020 –
Muratbey Gida v EUIPO (Shape of a twisted cheese)
(Case T‑570/19)
(EU trade mark — Application for a three-dimensional EU trade mark — Shape of a twisted cheese — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 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 12, 13) |
|
2. |
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 — Perception of the trade mark by the relevant public (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see para. 16) |
|
3. |
EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of distinctive character — Three-dimensional trade marks consisting of the shape of the product itself — Distinctive character — Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paras 18, 19, 21, 33) |
|
4. |
EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of distinctive character — Three-dimensional mark consisting of the shape of a twisted cheese (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paras 23, 29, 32, 34) |
|
5. |
EU trade mark — Definition and acquisition of the EU trade mark — Assessment of the registrability of a sign — EU rules only taken into account — Earlier registration of the mark in certain Member States or third countries — Decisions not binding EU bodies (European Parliament and Council Regulation 2017/1001) (see paras 40, 41) |
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 13 June 2019 (Case R 106/2019-4) relating to an application for registration of a three-dimensional sign consisting of the shape of a twisted cheese as an EU trade mark.
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Muratbey Gida Sanayi ve Ticaret AŞ to pay the costs. |