This document is an excerpt from the EUR-Lex website
Document 62021TJ0498
Judgment of the General Court (Second Chamber) of 14 September 2022.
Lotion LLC v European Union Intellectual Property Office.
EU trade mark – Application for the EU word mark BLACK IRISH – Absolute grounds for refusal – No distinctive character – Descriptiveness – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 – Equal treatment – Obligation to state reasons – Article 94(1) of Regulation 2017/1001.
Case T-498/21.
Judgment of the General Court (Second Chamber) of 14 September 2022.
Lotion LLC v European Union Intellectual Property Office.
EU trade mark – Application for the EU word mark BLACK IRISH – Absolute grounds for refusal – No distinctive character – Descriptiveness – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 – Equal treatment – Obligation to state reasons – Article 94(1) of Regulation 2017/1001.
Case T-498/21.
Court reports – general – 'Information on unpublished decisions' section
ECLI identifier: ECLI:EU:T:2022:543
Judgment of the General Court (Second Chamber) of 14 September 2022 –
Lotion v EUIPO (BLACK IRISH)
(Case T‑498/21) ( 1 )
(EU trade mark – Application for the EU word mark BLACK IRISH – Absolute grounds for refusal – No distinctive character – Descriptiveness – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 – Equal treatment – Obligation to state reasons – Article 94(1) 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 – Aim – Need to preserve availability (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraph 15) |
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 16, 17, 21, 30, 32) |
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 – Word mark BLACK IRISH (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraphs 26, 33, 34, 36, 49, 58) |
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 – Concept of characteristic (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraph 43) |
5. |
EU trade mark – Procedural provisions – Statement of reasons for decisions – First sentence of Article 94(1) of Regulation 2017/1001 – Scope identical to that of Article 296 TFEU – Essential procedural requirement (Art. 296 TFEU; European Parliament and Council Regulation 2017/1001, Art. 94(1), first sentence) (see paragraphs 62-64) |
6. |
EU trade mark – Definition and acquisition of the EU trade mark – Assessment of the registrability of a sign – EU rules only taken into account – Earlier registration of the mark in certain Member States or third countries – Decisions not binding EU bodies (European Parliament and Council Regulation 2017/1001) (see paragraph 71) |
7. |
EU trade mark – Decisions of EUIPO – 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 (European Parliament and Council Regulation 2017/1001) (see paragraphs 73-76) |
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders Lotion LLC to pay the costs. |
( 1 ) OJ C 391, 27.9.2021.