Judgment of the General Court (Third Chamber) of 8 July 2020

1. Judicial proceedingsApplication initiating proceedingsFormal requirementsIdentification of the subject matter of the disputeBrief summary of the pleas in law on which the application is based

(Statute of the Court of Justice, Arts 21, first para. and 53, first para.; Rules of Procedure of the General Court, Art. 177(1)(d))

(see paras 11, 12)

2. EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalSeparate examination of the various grounds for refusal

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

(see para. 13)

3. 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 para. 23)

4. EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks devoid of distinctive characterMarks consisting of advertising slogansDistinctive characterApplication of specific criteria for assessmentNot permissible

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

(see paras 24, 25)

5. EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks devoid of distinctive characterMarks consisting of advertising slogansLaudatory promotional formula

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

(see paras 26, 27)

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

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

(see paras 30-32, 46)

7. 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. 39)

8. 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 2017/1001Whether sufficient

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

(see para. 45)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 18 September 2019 (Case R 985/2019-2) relating to the application for registration of the word sign Favorit as an EU trade mark.

Operative part

The Court:

1. Dismisses the action;

2. Orders Dinamo GmbH to pay the costs.