Judgment of the General Court (Eighth Chamber) of 4 October 2018

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. 15)

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 serviceMeaningMark composed of a word or neologism resulting from a combination of elements

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

(see paras 16-19, 33)

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 20, 40)

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 FLEXCUT

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

(see paras 24, 27-32, 34-39, 42-45, 50)

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 46-49)

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. 51)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 30 August 2017 (Case R 2225/2016-4), relating to the application for registration of the word sign FLEXCUT as an EU trade mark.

Operative part

The Court:

Dismisses the action;

Orders Lincoln Global, Inc., to pay the costs.