Judgment of the General Court (Sixth Chamber) of 19 December 2019

1. EU trade markProcedural provisionsStatement of reasons for decisionsFirst sentence of Article 94(1) of Regulation 2017/1001Scope identical to that of Article 296 TFEU

(Art. 296 TFEU; European Parliament and Council Regulation 2017/1001, Art. 94(1), first sentence)

(see paras 16, 17)

2. EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks devoid of distinctive characterDefinition

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

(see paras 27, 28)

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

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

(see paras 29-31)

4. EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks devoid of distinctive characterWord mark BIANCOFINO

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

(see paras 36, 41, 46, 47, 54)

5. EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks devoid of distinctive characterTrade mark made up of several elementsPossible for the competent authority to examine each of the elements making up the trade markNeed to take account of the overall perception of the combination by the relevant public

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

(see para. 37)

6. 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 49-51)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 22 November 2018 (Case R 2434/2017-1), relating to an application for registration of the word sign BIANCOFINO as an EU trade mark.

Operative part

The Court:

1. Dismisses the action;

2. Orders Nosio SpA to pay the costs.