Judgment of the General Court (Third Chamber) of 23 January 2018

Data

Court: General Court

Case date: 23 januari 2018

Verdict

Judgment of the General Court (Third Chamber) of 23 January 2018 — avanti v EUIPO (avanti)

(Case T‑250/17)

"(EU trade mark - Application for the EU figurative mark avanti - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001))"

1. EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks devoid of any distinctive characterMeaningCriteria for assessment

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

(see paras 12-15, 17)

2. EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks devoid of any distinctive characterMarks constituted of advertising slogansFlattering promotional formula

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

(see para. 16)

3. EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks devoid of any distinctive characterFigurative mark Avanti

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

(see paras 19-21, 24-27)

Re:

ACTION brought against the decision of the Fifth Board of Appeal of EUIPO of 14 February 2017 (Case R 801/2016-5), concerning an application for registration of the figurative sign Avanti as an EU trade mark.

Operative part

The Court:

1. Dismisses the action;

2. Orders avanti GmbH to pay the costs.