Judgment of the General Court (Seventh Chamber) of 18 January 2018

Judicial proceedingsApplication initiating proceedingsFormal requirementsBrief summary of the pleas in law on which the application is basedPleas in law not set out in the applicationGeneral reference to other documentsInadmissibility

(Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the General Court, Art. 177(1)(d))

(see para. 9)

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 para. 16)

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 serviceMeaning

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

(see paras 17-20)

EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks composed exclusively of signs or indications which may serve to designate the characteristics of goodsWord mark composed of several elementsAccount taken of the overall perception of the combination by the relevant public

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

(see para. 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 Dual Edge

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

(see paras 27-40)

EU trade markDecisions of the OfficePrinciple of equal treatmentPrinciple of sound administrationEUIPO’s previous decision-making practicePrinciple of legalityNeed for a strict and complete examination in each particular case

(see paras 41, 42)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 2 September 2016 (Case R 832/2016-2) concerning an application for registration of the word sign Dual Edge as a European Union trade mark.

Operative part

The Court:

Dismisses the action;

Orders LG Electronics, Inc. to pay the costs.