This document is an excerpt from the EUR-Lex website
Document 62022TJ0058
Judgment of the General Court (Single Judge) of 28 September 2022.
Miroslav Labaš v European Union Intellectual Property Office.
EU trade mark – Application for the EU figurative mark FRESH – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) and (2) of Regulation (EU) 2017/1001 – No distinctive character – Article 7(1)(b) of Regulation 2017/1001.
Case T-58/22.
Judgment of the General Court (Single Judge) of 28 September 2022.
Miroslav Labaš v European Union Intellectual Property Office.
EU trade mark – Application for the EU figurative mark FRESH – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) and (2) of Regulation (EU) 2017/1001 – No distinctive character – Article 7(1)(b) of Regulation 2017/1001.
Case T-58/22.
Court reports – general – 'Information on unpublished decisions' section
ECLI identifier: ECLI:EU:T:2022:595
Judgment of the General Court (Single Judge) of 28 September 2022 –
Labaš v EUIPO (FRESH)
(Case T‑58/22) ( 1 )
(EU trade mark – Application for the EU figurative mark FRESH – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) and (2) of Regulation (EU) 2017/1001 – 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 – Definition (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraphs 19, 20, 25) |
|
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 – Assessment of the descriptive nature of a sign – Criteria (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraphs 21, 31) |
|
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 – Aim – Need to preserve availability (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraph 24) |
|
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 – Figurative mark FRESH (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraphs 28, 34, 35, 38-40) |
|
5. |
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 Article 7(1)(c) of Regulation 2017/1001 (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b) and (c)) (see paragraphs 42, 43) |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Mr Miroslav Labaš to pay the costs. |
( 1 ) OJ C 138, 28.3.2022.