Judgment of the General Court (First Chamber) of 12 March 2019

Judicial proceedingsApplication initiating proceedingsFormal requirementsBrief summary of the pleas in law on which the application is basedGeneral reference to other documents not annexed to the applicationInadmissibility

(Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the General Court, Art. 177(1)(d))

(see paras 14, 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

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

(see paras 20-22)

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 serviceAssessment of the descriptive nature of a signCriteria

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

(see para. 23)

EU trade markAppeals procedureAction before the EU judicatureCondition of admissibilityPleas directed only against decisions of the Boards of Appeal

(European Parliament and Council Regulation 2017/1001, Art. 72(1))

(see para. 40)

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

(European Parliament and Council Regulation 2017/1001)

(see paras 54-56)

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 SMARTSURFACE

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

(see paras 57, 58)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 25 May 2018 (Case R 1765/2017-2), relating to an application for registration of the word sign SMARTSURFACE as an EU trade mark.

Operative part

The Court:

Dismisses the action;

Orders Novartis AG to pay the costs.