Judgment of the General Court (Ninth Chamber) of 16 February 2017

Data

Court: General Court

Case date: 16 februari 2017

Verdict

Judgment of the General Court (Ninth Chamber) of 16 February 2017 —
Gruppe Nymphenburg Consult v EUIPO (Limbic® Sales)

(Case T‑517/15)

"(EU trade mark - Application for the EU word mark Limbic® Sales - Lack of distinctive character - Absolute ground for refusal - Article 7(1)(c) of Regulation (EC) No 207/2009)"

1. EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks composed exclusively of signs or indications capable of designating the characteristics of a product or serviceCriteria

(Council Regulation No 207/2009, Art. 7(1)(c))

(see paras 17, 22, 36)

2. EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks composed exclusively of signs or indications capable of designating the characteristics of a product or serviceConceptMark composed of a word or neologism resulting from a combination of elements

(Council Regulation No 207/2009, Art. 7(1)(c))

(see paras 18-21)

3. EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks composed exclusively of signs or indications capable of designating the characteristics of a product or serviceWord mark Limbic® Sales

(Council Regulation No 207/2009, Art. 7(1)(c))

(see paras 24-28, 35-52)

Re:

ACTION brought against the decision of the First Board of Appeal of EUIPO of 23 June 2015 (Case R 1972/2014-1), concerning an application for registration of the word sign Limbic® Sales as an EU trade mark.

Operative part

The Court:

1. Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 23 June 2015 (Case R 1972/2014-1);

2. Orders EUIPO to bear its own costs as well as those incurred by Gruppe Nymphenburg Consult AG.