Judgment of the General Court (Second Chamber) of 25 November 2020 –
Kerangus v EUIPO (ΑΠΛΑ!)
(Case T‑882/19)
(EU trade mark – Application for EU figurative mark ΑΠΛΑ! – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) – Equal treatment)
1. |
EU trade mark – Appeals procedure – Action before the EU judicature – Jurisdiction of the General Court – Direction issued to the Office – Precluded (Council Regulation No 207/2009, Art. 65(6)) (see para. 24) |
2. |
EU trade mark – Appeals procedure – Action before the EU judicature – Jurisdiction of the General Court – Amendment of a decision of the Office – Assessment in the light of the powers conferred on the Board of Appeal (Council Regulation No 207/2009, Art. 65(3)) (see para. 25) |
3. |
EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Meaning – Criteria for assessment (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 37, 38) |
4. |
EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Figurative mark ΑΠΛΑ! (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 44-48, 53, 54) |
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 (Council Regulation No 207/2009, Arts 7(1) and 75, first sentence) (see paras 49, 50, 52) |
6. |
EU trade mark – Definition and acquisition of the EU trade mark – Refusal of registration based on one of the absolute grounds for refusal set out in Article 7(1) of Regulation No 207/2009 – Whether sufficient (Council Regulation No 207/2009, Art. 7(1)) (see para. 56) |
7. |
EU trade mark – Decisions of the Office – Principle of equal treatment – Principle of sound administration – EUIPO's previous decision-making practice – Principle of legality – Need for a strict and complete examination in each particular case (see paras 63-65) |
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 25 October 2019 (Case R 1035/2017-1), concerning an application for registration of the figurative sign ΑΠΛΑ! as an EU trade mark.
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders Kerangus Holdings Ltd to pay the costs. |