This document is an excerpt from the EUR-Lex website
Document 62020TJ0152
Judgment of the General Court (Tenth Chamber) of 2 December 2020.
BSH Hausgeräte GmbH v European Union Intellectual Property Office.
EU trade mark – Application for EU figurative mark Home Connect – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Sufficiently direct and specific relationship with the goods covered by the trade mark application – No distinctive character – Article 7(1)(b) of Regulation 2017/1001.
Case T-152/20.
Judgment of the General Court (Tenth Chamber) of 2 December 2020.
BSH Hausgeräte GmbH v European Union Intellectual Property Office.
EU trade mark – Application for EU figurative mark Home Connect – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Sufficiently direct and specific relationship with the goods covered by the trade mark application – No distinctive character – Article 7(1)(b) of Regulation 2017/1001.
Case T-152/20.
Court reports – general
ECLI identifier: ECLI:EU:T:2020:584
Judgment of the General Court (Tenth Chamber) of 2 December 2020 –
BSH Hausgeräte v EUIPO (Home Connect)
(Case T‑152/20)
(EU trade mark – Application for EU figurative mark Home Connect – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Sufficiently direct and specific relationship with the goods covered by the trade mark application – No distinctive character – Article 7(1)(b) of Regulation 2017/1001)
1. |
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 – Scope of the examination (Regulation of the European Parliament and Council 2017/1001, Art. 7(1)(c)) (see para. 13) |
2. |
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 – Definition (Regulation of the European Parliament and Council 2017/1001, Art. 7(1)(c)) (see paras 14, 15, 22) |
3. |
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 – Assessment of the descriptive nature of a sign – Criteria (Regulation of the European Parliament and Council 2017/1001, Art. 7(1)(c)) (see para. 16) |
4. |
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 – Marks devoid of distinctive character – Figurative mark Home Connect (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b) and (c)) (see paras 26, 28, 40, 41, 53, 61, 75, 86, 87) |
5. |
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 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, first sentence) (see paras 55, 56) |
6. |
EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Definition – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paras 83, 84) |
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 10 January 2020 (Case R 1751/2019-5), concerning an application for registration of the figurative sign Home Connect as an EU trade mark.
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders BSH Hausgeräte GmbH to pay the costs. |