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Document 62021TJ0738
Judgment of the General Court (Single Judge) of 7 December 2022.
Bora Creations, SL v European Union Intellectual Property Office.
EU trade mark – Invalidity proceedings – EU figurative mark essence – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Lack of distinctive character – Article 7(1)(b) of Regulation 2017/1001.
Case T-738/21.
Judgment of the General Court (Single Judge) of 7 December 2022.
Bora Creations, SL v European Union Intellectual Property Office.
EU trade mark – Invalidity proceedings – EU figurative mark essence – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Lack of distinctive character – Article 7(1)(b) of Regulation 2017/1001.
Case T-738/21.
Court reports – general
ECLI identifier: ECLI:EU:T:2022:779
Judgment of the General Court (Single Judge) of 7 December 2022 –
Bora Creations v EUIPO (essence)
(Case T‑738/21) ( 1 )
(EU trade mark – Invalidity proceedings – EU figurative mark essence – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Lack of distinctive character – Article 7(1)(b) of Regulation 2017/1001)
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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 13) |
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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 – Figurative mark essence (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraphs 21, 22, 29, 31, 34) |
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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 – Assessment of the descriptive nature of a sign – Standard nature of circular frames (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraph 32) |
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4. |
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 2017/1001 – Whether sufficient (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b) and (c)) (see paragraph 36) |
Operative part
The Court:
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1. |
Dismisses the action; |
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2. |
Orders Bora Creations, SL to pay the costs. |
( 1 ) OJ C 37, 24.1.2022.