Order of the General Court (Seventh Chamber) of 11 December 2018

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 16-19)

EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks devoid of any distinctive characterWord mark Hamburg Beer Company

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

(see paras 23, 25-28, 43, 51)

EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks devoid of any distinctive characterTrade mark made up of several elementsPossible for the competent authority to examine each of the elements making up the trade markScope of protection of the mark

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

(see para. 31)

EU trade markDecisions of the OfficeLegalityExamination by the EU judicatureCriteria

(Council Regulation No 207/2009)

(see para. 49)

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

(Council Regulation No 207/2009)

(see para. 50)

EU trade markDefinition and acquisition of the EU trade markRefusal of registration based on one of the absolute grounds for refusal set out in Article 7(1) of Regulation No 207/2009Whether sufficient

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

(see para. 53)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 29 September 2017 (Case R 437/2017-5) concerning an application for registration of the word sign Hamburg Beer Company as an EU trade mark.

Operative part

The action is dismissed as manifestly lacking any foundation in law.

Hamburg Beer Company GmbH shall pay the costs.