Judgment of the General Court (Seventh Chamber) of 4 April 2019

EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks devoid of any distinctive characterConceptCriteria for assessment

(European Parliament and Council Regulation 2017/1001, Art. 7(1)(b))

(see paras 16, 17)

EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks devoid of any distinctive characterAssessment of distinctive characterCriteria

(European Parliament and Council Regulation 2017/1001, Art. 7(1)(b))

(see para. 18)

EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks devoid of any distinctive characterRecognition of the distinctiveness of the sign not subject to a finding of a certain level of creativity or linguistic or artistic imagination

(European Parliament and Council Regulation 2017/1001, Art. 7(1)(b))

(see para. 19)

EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks devoid of any distinctive characterSign composed of a basic geometric figure

(European Parliament and Council Regulation 2017/1001, Art. 7(1)(b))

(see para. 20)

EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks devoid of any distinctive characterFigurative mark representing two facing arches

(European Parliament and Council Regulation 2017/1001, Art. 7(1)(b))

(see paras 22, ‑28, 31, 33-35, 45, 46)

EU trade markDecisions of EUIPOPrinciple of equal treatmentPrinciple of sound administrationEUIPO’s previous decision-making practicePrinciple of legality

(European Parliament and Council Regulation 2017/1001)

(see para. 29)

EU trade markDefinition and acquisition of the EU trade markAssessment of the registrability of a signEU rules only taken into accountEarlier registration of the mark in certain Member States or third countriesDecisions not binding EU bodies

(European Parliament and Council Regulation 2017/1001)

(see para. 30)

EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalExamination of the grounds for refusal having regard to each of the products or services covered by the application for registrationObligation to state the reasons for refusing to registerScope

(European Parliament and Council Regulation 2017/1001, Art. 7(1)(b) and Art. 94, first sentence)

see paras 38-44

EU trade markProcedural provisionsExamination of the facts of EUIPO’s own motionRegistration of a new trade markAbsolute grounds for refusalBurden of proof

(European Parliament and Council Regulation No 2017/1001, Art. 7(1)(b) and Art. 95(1))

(see para. 49)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 20 September 2017 (Case R 1887/2016-1) relating to an application for registration of a figurative sign representing two facing arches as an EU trade mark.

Operative part

The Court:

Dismisses the action;

Orders Stada Arzneimittel AG to pay the costs.