Judgment of the General Court (Sixth Chamber) of 9 September 2020
Judgment of the General Court (Sixth Chamber) of 9 September 2020
Data
- Court
- General Court
- Case date
- 9 september 2020
Verdict
Judgment of the General Court (Sixth Chamber) of 9 September 2020 –
Glaxo Group v EUIPO (Shade of the colour purple)
(Case T‑187/19)
"(EU trade mark - Application for an EU trade mark consisting of a shade of the colour purple - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001 - Lack of distinctive character acquired through use - Article 7(3) of Regulation 2017/1001)"
EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks devoid of distinctive characterMeaningCriteria for assessment
(European Parliament and Council Regulation 2017/1001, Art. 7(1)(b))
(see paras 28-30)
EU trade markDefinition and acquisition of the EU trade markSigns of which a trade mark may consistColours or combinations of coloursConditionDistinctive character
(European Parliament and Council Regulation 2017/1001, Arts 4 and 7(1)(b))
(see paras 31-36)
EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks devoid of distinctive characterMarks constituted by a colour or combination of colours
(European Parliament and Council Regulation 2017/1001, Art. 7(1)(b))
(see paras 38, 39, 51)
EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks devoid of distinctive characterMarks constituted by a colour or combination of coloursMark consisting of a shade of the colour purple
(European Parliament and Council Regulation 2017/1001, Art. 7(1)(b))
(see paras 50, 52-55)
EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks devoid of distinctive characterExceptionDistinctive character acquired through useProbative value of the evidenceCriteria for assessment
(European Parliament and Council Regulation 2017/1001, Art. 7(3))
(see paras 68, 92, 94-97)
EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks devoid of distinctive characterExceptionDistinctive character acquired through useTrade mark devoid of distinctive character throughout the EUAcquisition by use also throughout the EU
(European Parliament and Council Regulation 2017/1001, Art. 7(3))
(see paras 80-86)
EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks devoid of distinctive characterExceptionDistinctive character not acquired through useMark consisting of a shade of the colour purple
(European Parliament and Council Regulation 2017/1001, Art. 7(3))
(see paras 88, 90, 105-109)
EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks devoid of distinctive characterExceptionDistinctive character acquired through useCriteria for assessment
(European Parliament and Council Regulation 2017/1001, Art. 7(3))
(see para. 93)
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 15 January 2019 (Case R 1870/2017-1), concerning an application for registration of a sign consisting of a shade of the colour purple as an EU trade mark.
Operative part
The Court:
Dismisses the action;
Orders Glaxo Group Ltd to pay the costs.