Judgment of the General Court (Sixth Chamber) of 13 May 2020

Data

Court: General Court

Case date: 13 mei 2020

Verdict

Judgment of the General Court (Sixth Chamber) of 13 May 2020 –
EC Brand Comércio, Importação e Exportação de Vestuário em Geral v EUIPO (pantys)

(Case T‑532/19)

"(EU trade mark - Application for the EU figurative mark pantys - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EU) 2017/1001 - No distinctive character acquired through use - Article 7(3) of Regulation 2017/1001)"

1. 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 paras 13-15, 18, 24, 28)

2. 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 serviceFigurative mark pantys

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

(see paras 17, 19-21, 31, 35, 40, 41)

3. 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 registrability by the OfficeProduction of evidenceNot required

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

(see para. 23)

4. EU trade markDefinition and acquisition of the EU trade markAssessment of the registrability of a signEU rules only taken into accountDecisions of national authorities not binding EU bodies

(European Parliament and Council Regulation 2017/1001)

(see para. 33)

5. 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 paras 49-54)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 22 May 2019 (Case R 314/2019-5), relating to an application for registration of the figurative mark pantys as an EU trade mark.

Operative part

The Court:

1. Dismisses the action;

2. Orders EC Brand Comércio, Importação e Exportação de Vestuário em Geral Ltda to pay the costs.