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Document 62015TO0629
Order of the General Court (Seventh Chamber) of 17 June 2016.
Hako GmbH v European Union Intellectual Property Office.
EU trade mark — Application for EU word mark SCRUBMASTER — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Action manifestly lacking any foundation in law.
Case T-629/15.
Order of the General Court (Seventh Chamber) of 17 June 2016.
Hako GmbH v European Union Intellectual Property Office.
EU trade mark — Application for EU word mark SCRUBMASTER — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Action manifestly lacking any foundation in law.
Case T-629/15.
Court reports – general – 'Information on unpublished decisions' section
Order of the General Court (Seventh Chamber) of 17 June 2016 —
Hako v EUIPO (SCRUBMASTER)
(Case T‑629/15)
‛EU trade mark — Application for EU word mark SCRUBMASTER — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Action manifestly lacking any foundation in law’
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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 (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 14, 15) |
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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 — Neologism consisting of elements descriptive of characteristics of the goods or services concerned — Whether included where the nature of the combination is not unusual (Council Regulation No 207/2009, Art. 7(1)(c)) (see para. 16) |
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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 SCRUBMASTER (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 21, 22, 37, 46) |
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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 registrability by the Office — Production of evidence — Not required (Council Regulation No 207/2009, Art. 7(1)(c)) (see para. 29) |
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EU trade mark — Decisions of the Office — Principle of equal treatment — Principle of sound administration — EUIPO’s previous decision-making practice (Council Regulation No 207/2009) (see paras 35, 36) |
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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 (Council Regulation No 207/2009) (see para. 42) |
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EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Overlap between the scope of the grounds for refusal set out in subparagraphs (b) and (c) of Article 7(1) of Regulation No 207/2009 (Council Regulation No 207/2009, Art. 7(1)(b) and (c)) (see para. 45) |
Re:
ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 1 September 2015 (Case R 2197/2014-4), concerning an application for registration of the word sign SCRUBMASTER as an EU trade mark.
Operative part
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The action is dismissed. |
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Hako GmbH is ordered to pay the costs. |