Judgment of the General Court (Tenth Chamber) of 23 September 2020 – Aldi v EUIPO (BBQ BARBECUE SEASON)
(Case T‑522/19)
(EU trade mark – Application for the EU figurative mark BBQ BARBECUE SEASON – Absolute grounds for refusal – Descriptiveness – Article 7(1)(c) of Regulation (EU) 2017/1001 – No distinctive character – Article 7(1)(b) of Regulation 2017/1001)
1. |
European Union trade mark – Definition and acquisition of the European Union 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. 13) |
2. |
European Union trade mark – Definition and acquisition of the European Union 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. 14) |
3. |
European Union trade mark – Definition and acquisition of the European Union 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 15, 16, 20) |
4. |
European Union trade mark – Definition and acquisition of the European Union trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service – Concept of characteristic (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see para. 17) |
5. |
European Union 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 BBQ BARBECUE SEASON (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paras 29, 36) |
6. |
European Union trade mark – Definition and acquisition of the European Union 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 paras 41-44) |
7. |
European Union trade mark – Definition and acquisition of the European Union trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Figurative mark BBQ BARBECUE SEASON (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paras 46-48) |
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 17 May 2019 (Case R 1359/2018-5), concerning an application for registration of the figurative sign BBQ BARBECUE SEASON as an EU trade mark.
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders Aldi GmbH & Co. KG to pay the costs. |