This document is an excerpt from the EUR-Lex website
Document 62021TJ0300
Judgment of the General Court (Fifth Chamber) of 26 January 2022.
CNH Industrial NV v European Union Intellectual Property Office.
EU trade mark – Application for EU word mark SOILXPLORER – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001.
Case T-300/21.
Judgment of the General Court (Fifth Chamber) of 26 January 2022.
CNH Industrial NV v European Union Intellectual Property Office.
EU trade mark – Application for EU word mark SOILXPLORER – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001.
Case T-300/21.
ECLI identifier: ECLI:EU:T:2022:21
Judgment of the General Court (Fifth Chamber) of 26 January 2022 –
CNH Industrial v EUIPO (SOILXPLORER)
(Case T‑300/21)
(EU trade mark – Application for EU word mark SOILXPLORER – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001)
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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 – Concept (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see para. 14) |
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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 – Word mark SOILXPLORER (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paras 21, 22, 27, 38) |
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 26 March 2021 (Case R 386/2021-5), relating to an application for registration of the word sign SOILXPLORER as an EU trade mark.
Operative part
The Court:
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1. |
Dismisses the action; |
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2. |
Orders CNH Industrial NV to pay the costs. |