This document is an excerpt from the EUR-Lex website
Document 62022TJ0204
Judgment of the General Court (Seventh Chamber) of 15 February 2023.
Rimini Street, Inc. v European Union Intellectual Property Office.
EU trade mark – International registration designating the European Union – Word mark OTHER COMPANIES DO SOFTWARE WE DO SUPPORT – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001) EU trade mark – International registration designating the European Union – Word mark OTHER COMPANIES DO SOFTWARE WE DO SUPPORT – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001.
Case T-204/22.
Judgment of the General Court (Seventh Chamber) of 15 February 2023.
Rimini Street, Inc. v European Union Intellectual Property Office.
EU trade mark – International registration designating the European Union – Word mark OTHER COMPANIES DO SOFTWARE WE DO SUPPORT – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001) EU trade mark – International registration designating the European Union – Word mark OTHER COMPANIES DO SOFTWARE WE DO SUPPORT – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001.
Case T-204/22.
ECLI identifier: ECLI:EU:T:2023:76
Judgment of the General Court (Seventh Chamber) of 15 February 2023 –
Rimini Street v EUIPO (OTHER COMPANIES DO SOFTWARE WE DO SUPPORT)
(Case T‑204/22) ( 1 )
(EU trade mark – International registration designating the European Union – Word mark OTHER COMPANIES DO SOFTWARE WE DO SUPPORT – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001) EU trade mark – International registration designating the European Union – Word mark OTHER COMPANIES DO SOFTWARE WE DO SUPPORT – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001)
|
1. |
EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Meaning – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraphs 14, 15, 26) |
|
2. |
EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Marks consisting of advertising slogans – Distinctive character – Application of specific criteria for assessment – Not permissible (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraphs 16, 17, 20) |
|
3. |
EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Marks consisting of advertising slogans – Slogan conveying an objective message (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraph 18) |
|
4. |
EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Marks consisting of advertising slogans – Laudatory promotional formula (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraph 19) |
|
5. |
EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Word mark OTHER COMPANIES DO SOFTWARE WE DO SUPPORT (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraphs 27-29, 31-35, 45) |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Rimini Street, Inc. to pay the costs. |
( 1 ) OJ C 222, 7.6.2022.