Judgment of the General Court (Tenth Chamber) of 12 May 2021

EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalTrade marks which are contrary to public policy or to accepted principles of moralityExamination by reference to the perception of the sign by the relevant public

(European Parliament and Council Regulation 2017/1001, Art. 7(1)(f) and (2))

(see paras 13-17)

EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalTrade marks which are contrary to public policy or to accepted principles of moralityTaking into account particular circumstances of individual Member States which are likely to influence the perception of the relevant public within those States

(European Parliament and Council Regulation 2017/1001, Art. 7(1)(f) and (2))

(see paras 18, 19)

EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalTrade marks which are contrary to public policy or to accepted principles of moralityContrary to public policyCriteria for assessmentExamination by reference to the perception of the sign by the relevant public

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

(see paras 26, 35)

EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalTrade marks which are contrary to public policy or to accepted principles of moralityFigurative mark BavariaWeed

(European Parliament and Council Regulation 2017/1001, Art. 7(1)(f) and (2))

(see paras 33, 36, 43-45)

EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalTrade marks which are contrary to public policy or to accepted principles of moralityPublic policyConcept

(European Parliament and Council Regulation 2017/1001, Art. 7(1)(f) and (2))

(see paras 40, 41, 55)

EU trade markAppeals procedureAction before the EU judicatureJurisdiction of the General CourtRe-evaluation of the facts in the light of evidence produced for the first time before itNot included

(European Parliament and Council Regulation 2017/1001, Art. 72)

(see para. 51)

EU trade markDecisions of the OfficeLegalityExamination by the EU judicatureCriteria

(European Parliament and Council Regulation 2017/1001)

(see para. 59)

EU trade markDefinition and acquisition of the EU trade markAssessment of the registrability of a signEU rules only taken into accountEarlier registration of the mark in certain Member States or third countriesDecisions not binding EU bodies

(European Parliament and Council Regulation 2017/1001)

(see para. 62)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 22 January 2020 (Case R 1458/2019-5), relating to an application for registration of the figurative sign BavariaWeed as an EU trade mark.

Operative part

The Court:

Dismisses the action;

Orders Bavaria Weed GmbH to pay the costs.