This document is an excerpt from the EUR-Lex website
Document 62019TJ0665
Judgment of the General Court (Ninth Chamber) of 16 December 2020.
Cinkciarz.pl sp. z o.o. v European Union Intellectual Property Office.
EU trade mark – Application for EU figurative mark €$ – Absolute ground for refusal – Lack of distinctiveness – Article 7(1)(b) of Regulation (EU) 2017/1001 – Obligation to state reasons.
Case T-665/19.
Judgment of the General Court (Ninth Chamber) of 16 December 2020.
Cinkciarz.pl sp. z o.o. v European Union Intellectual Property Office.
EU trade mark – Application for EU figurative mark €$ – Absolute ground for refusal – Lack of distinctiveness – Article 7(1)(b) of Regulation (EU) 2017/1001 – Obligation to state reasons.
Case T-665/19.
ECLI identifier: ECLI:EU:T:2020:631
Judgment of the General Court (Ninth Chamber) of 16 December 2020 –
Cinkciarz.pl v EUIPO (€$)
(Case T‑665/19)
(EU trade mark – Application for EU figurative mark €$ – Absolute ground for refusal – Lack of distinctiveness – Article 7(1)(b) of Regulation (EU) 2017/1001 – Obligation to state reasons)
1. |
EU trade mark – Procedural provisions – Statement of reasons for decisions – First sentence of Article 94(1) of Regulation No 2017/1001 – Scope identical to that of Article 296 TFEU (Art. 296 TFEU; Regulation of the European Parliament and of the Council 2017/1001, Art. 94(1), first sentence) (see paras 27, 28) |
2. |
EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Separate consideration of the pleas in law having regard to every one of the products 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(1), first sentence) (see paras 29-33) |
3. |
EU trade mark – Procedural provisions – Examination of the facts of the Office’s own motion – Scope – Obligation to prove matters within common knowledge – No such obligation – Dispute before the General Court (Art. 256 TFEU; Regulation of the European Parliament and of the Council 2017/1001, Art. 95(1)) (see para. 63) |
4. |
EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Meaning – Criteria for assessment (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 76, 78) |
5. |
EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Trade mark made up of several elements – Possible for the competent authority to examine each of the elements making up the trade mark – Need to take account of the overall perception of the combination by the relevant public (Council Regulation No 207/2009, Art. 7(1)(b)) (see para. 77) |
6. |
EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Overlap of the scope of the grounds set out in Article 7(1)(b) and (c) of Regulation No. 207/2009 (Council Regulation No 207/2009, Art. 7(1)(b) and (c)) (see para. 79) |
7. |
EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Separate examination of the various grounds for refusal – Interpretation of the grounds for refusal in the light of the public interest underlying each of them (Council Regulation No 207/2009, Art. 7(1)(b) and (c)) (see para. 80) |
8. |
EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Figurative mark €$ (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 87-90, 93, 108-111) |
9. |
EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Assessment of distinctive character – Absence of elements of assessment other than those resulting from the customs of the sector – Taking into consideration of methods of use liable to be significant in practice (Council Regulation No 207/2009, Art. 7(1)(b)) (see para. 95) |
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 4 July 2019 (Case R 1345/2018-1) regarding an application for registration of the figurative sign €$ as an EU trade mark.
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders Cinkciarz.pl sp. z o.o. to pay the costs. |