Judgment of the General Court (Fifth Chamber) of 21 June 2017

Data

Court: General Court

Case date: 21 juni 2017

Verdict

Judgment of the General Court (Fifth Chamber) of 21 June 2017 —
City Train v EUIPO (CityTrain)

(Case T‑699/15)

"(EU trade mark - Application for EU figurative mark CityTrain - Procedural time limit - Unforeseeable circumstances - Absolute grounds for refusal - Descriptive character - Lack of distinctiveness - Article 7(1)(b) and (c) and (2) of Regulation (EC) No 207/2009)"

1. Judicial proceedingsTime-limit for instituting proceedingsClaim barred by lapse of timeUnforeseeable circumstances or force majeureConceptPostal delay

(Statute of the Court of Justice, Art. 45, second para.)

(see paras 12, 15)

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 serviceConcept

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

(see paras 24, 26)

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 serviceAssessment of the descriptive nature of a signCriteria

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

(see para. 25)

4. 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 serviceFigurative mark CityTrain

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

(see paras 28-31)

5. EU trade markDefinition and acquisition of the EU trade markAssessment of the registrability of a signEU rules only taken into accountEarlier registration of the mark in certain Member States or third countriesDecisions not binding EU bodies

(Council Regulation No 207/2009)

(see para. 32)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 9 September 2015 (Case R 843/2015-4) concerning an application for registration of figurative sign CityTrain as an EU trade mark.

Operative part

The Court:

1. Dismisses the action;

2. Orders City Train GmbH to pay the costs.