Judgment of the General Court (Eighth Chamber) of 5 February 2020

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

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

(see paras 17-19)

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 para. 20)

EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks devoid of distinctive characterThree-dimensional mark constituted by the shape of the productDistinctive characterCriteria for assessment

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

(see paras 21-24)

EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks devoid of distinctive characterFigurative mark consisting of the two-dimensional representation of a productDistinctive characterCriteria for assessment

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

(see para. 25)

EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks devoid of distinctive characterAssessment of distinctive characterCriteriaPerception of the trade mark by the relevant publicAttention level of the public

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

(see paras 30, 31)

EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks devoid of distinctive characterFigurative mark representing a lion’s head encircled by rings forming a chain

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

(see paras 33, 38, 40, 44, 56-58)

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 52-55)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 21 March 2019 (Case R 1223/2018-5), concerning an application for registration of a figurative sign representing a lion’s head encircled by rings forming a chain as an EU trade mark.

Operative part

The Court:

Dismisses the action;

Orders Pierre Balmain to pay the costs.