Judgment of the General Court (Eighth Chamber) of 27 June 2017

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 serviceAimNeed to preserve availability

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

(see paras 23, 37)

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 paras 24-26)

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 B2B SOLUTIONS

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

(see paras 28, 32, 43, 45)

EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks devoid of any distinctive characterExceptionDistinctive character acquired through useTrade mark devoid of distinctive character throughout the EUAcquisition of that character in part of the UnionInsufficient

(Council Regulation No 207/2009, Art. 7(2))

(see para. 29)

EU trade markDecisions of the OfficeLegalityExamination by the EU judicatureCriteria

(Council Regulation No 207/2009)

(see paras 39, 48)

EU trade markDecisions of the OfficePrinciple of equal treatmentPrinciple of sound administrationEUIPO’s previous decision-making practice

(Council Regulation No 207/2009)

(see para. 40)

EU trade markDefinition and acquisition of the EU trade markAssessment of the registrability of a signEU rules only taken into accountDecisions of national authorities not binding EU bodies

(Council Regulation No 207/2009)

(see para. 41)

EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalOverlap 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. 44)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 22 July 2016 (Case R 244/2016-4), concerning an application for registration of the word sign B2B SOLUTIONS as an EU trade mark.

Operative part

The Court:

1. Dismisses the action;

2. Orders Mr Carlos Javier Jiménez Gasalla to pay the costs.