This document is an excerpt from the EUR-Lex website
Document 62020TJ0130
Judgment of the General Court (Ninth Chamber) of 9 June 2021.
Philip Morris Products SA v European Union Intellectual Property Office.
EU trade mark – Application for EU word mark SIENNA SELECTION – Absolute grounds for refusal – Descriptive character – No distinctive character – Name of a colour – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001.
Case T-130/20.
Judgment of the General Court (Ninth Chamber) of 9 June 2021.
Philip Morris Products SA v European Union Intellectual Property Office.
EU trade mark – Application for EU word mark SIENNA SELECTION – Absolute grounds for refusal – Descriptive character – No distinctive character – Name of a colour – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001.
Case T-130/20.
Court reports – general
ECLI identifier: ECLI:EU:T:2021:341
Judgment of the General Court (Ninth Chamber) of 9 June 2021 –
Philip Morris Products v EUIPO (SIENNA SELECTION)
(Case T‑130/20)
(EU trade mark – Application for EU word mark SIENNA SELECTION – Absolute grounds for refusal – Descriptive character – No distinctive character – Name of a colour – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)
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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. 31) |
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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 (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paras 32, 34-36, 48) |
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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 – Criteria (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see para. 33) |
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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 of characteristic (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paras 37, 38, 43, 58) |
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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 SIENNA SELECTION (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b) and (c)) (see paras 54-56, 59-62, 69-71) |
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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 (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b) and (c)) (see paras 63, 66) |
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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 paras 64, 65, 67, 68) |
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 18 December 2019 (Case R 1675/2019 5), relating to an application for registration of the word sign SIENNA SELECTION as an EU trade mark.
Operative part
The Court:
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Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 18 December 2019 (Case R 1675/2019-5); |
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Orders EUIPO to bear its own costs and to pay the costs incurred by Philip Morris Products SA. |