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Document 62018CJ0783
Judgment of the Court (Tenth Chamber) of 12 December 2019.
European Union Intellectual Property Office v Wajos GmbH.
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Article 7(1)(b) — Absolute ground for refusal — Marks devoid of distinctive character — Three-dimensional marks consisting of the shape of the product — Criteria for the assessment of distinctive character — Obligation to state reasons — Form of a container — Amphora.
Case C-783/18 P.
Judgment of the Court (Tenth Chamber) of 12 December 2019.
European Union Intellectual Property Office v Wajos GmbH.
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Article 7(1)(b) — Absolute ground for refusal — Marks devoid of distinctive character — Three-dimensional marks consisting of the shape of the product — Criteria for the assessment of distinctive character — Obligation to state reasons — Form of a container — Amphora.
Case C-783/18 P.
ECLI identifier: ECLI:EU:C:2019:1073
Judgment of the Court (Tenth Chamber) of 12 December 2019 — EUIPO v Wajos
(Case C‑783/18 P) ( 1 )
(Appeal — EU trade mark — Regulation (EC) No 207/2009 — Article 7(1)(b) — Absolute ground for refusal — Marks devoid of distinctive character — Three-dimensional marks consisting of the shape of the product — Criteria for the assessment of distinctive character — Obligation to state reasons — Form of a container — Amphora)
1. |
EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of distinctive character — Three-dimensional trade marks consisting of the shape of the product itself — Distinctive character — Criteria for assessment — Shape at issue being a (variant) of the typical shapes of the type of goods concerned — Fact not sufficient to establish distinctiveness of the mark (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 24, 25) |
2. |
EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of distinctive character — Three-dimensional mark comprising a container a in the shape of an amphora (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 26-33) |
3. |
Appeal — Grounds — Inadequate statement of reasons — Reliance by the General Court on implied reasoning — Whether permissible — Conditions (Statue of the Court of Justice, Arts 36 and 53, first para.) (see para. 39) |
Operative part
The Court:
1. |
Dismisses the appeal; |
2. |
Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs and to pay those incurred by Wajos GmbH. |
( 1 ) OJ C 112, 25.3.2019.