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Judgment of the General Court (Seventh Chamber) of 11 October 2018

Judgment of the General Court (Seventh Chamber) of 11 October 2018

Data

Court
General Court
Case date
11 oktober 2018

Verdict

Judgment of the General Court (Seventh Chamber) of 11 October 2018 –
M&T Emporia Ilektrikon-Ilektronikon Eidon v EUIPO (fluo.)

(Case T‑120/17)

"(EU trade mark - Application for EU figurative mark fluo. - Partial rejection of the application for registration - Absolute ground for refusal - Descriptiveness - Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001))"

EU trade markAppeals procedureAction before the EU judicatureJurisdiction of the General CourtDirection issued to the Office @ Direction addressed to the OfficeNot included

(Council Regulation No 207/2009, Art. 65(6))

(see para. 13)

EU trade markAppeals procedureAction before the EU judicatureJurisdiction of the General CourtReview of the lawfulness of decisions of the Boards of AppealRe-examination of the facts in the light of evidence not previously submitted before EUIPO bodiesNot included

(Council Regulation No 207/2009, Art. 65)

(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 serviceAimNeed to preserve availability

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

(see para. 22)

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 23, 24)

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)

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 fluo.

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

(see paras 26, 34-43)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 2 December 2016 (Case R 863/2016-2), relating to the application for registration of the figurative sign fluo. as a European Union trade mark.

Operative part

The Court:

Annuls paragraph 2 of the operative part of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 2 December 2016 (Case R 863/2016-2);

Orders EUIPO to bear its own costs and to pay those incurred by M & T Emporia Ilektrikon-Ilektronikon Eidon AE, including the expenses necessarily incurred for the purpose of the appeal proceedings before the Board of Appeal of EUIPO.