This document is an excerpt from the EUR-Lex website
Document 62020TJ0226
Judgment of the General Court (Tenth Chamber) of 17 March 2021.
Steinel GmbH v European Union Intellectual Property Office.
EU trade mark – Application for the EU word mark MobileHeat – Absolute ground for refusal – Descriptive nature – Article 7(1)(c) of Regulation (EU) 2017/1001.
Case T-226/20.
Judgment of the General Court (Tenth Chamber) of 17 March 2021.
Steinel GmbH v European Union Intellectual Property Office.
EU trade mark – Application for the EU word mark MobileHeat – Absolute ground for refusal – Descriptive nature – Article 7(1)(c) of Regulation (EU) 2017/1001.
Case T-226/20.
ECLI identifier: ECLI:EU:T:2021:148
Judgment of the General Court (Tenth Chamber) of 17 March 2021 –
Steinel v EUIPO (MobileHeat)
(Case T‑226/20)
(EU trade mark – Application for the EU word mark MobileHeat – Absolute ground for refusal – Descriptive nature – Article 7(1)(c) of Regulation (EU) 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 (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see para. 15) |
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 (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paras 16, 24) |
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 (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paras 17, 18) |
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 – Word mark MobileHeat (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paras 23, 26, 28, 29, 32-35, 39-42) |
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(1), first sentence) (see para. 44) |
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 2017/1001 (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b) and (c)) (see paras 50, 51) |
Re:
Action brought against the decision of the Second Board of Appeal of EUIPO of 3 February 2020 (Case R 2472/2019-2) concerning an application for registration of the word sign MobileHeat as an EU trade mark.
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders Steinel GmbH to pay the costs. |