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.