Judgment of the General Court (Fifth Chamber) of 19 May 2021

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 serviceConcept

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

(see paras 14-16)

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 serviceAssessment of the descriptive nature of a signCriteria

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

(see paras 18, 20, 24, 28, 29)

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 serviceWord mark GluePro

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

(see paras 25, 27, 30, 33, 36, 55)

4. 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 serviceTrade mark made up of several elementsPossible for the competent authority to examine each of the elements making up the trade markNeed to take account of the overall perception of the combination by the relevant public

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

(see paras 26, 32)

5. EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalSign without descriptive characterFact not necessarily implying the distinctive character of the sign

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

(see paras 34, 35)

6. EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalExamination of the grounds for refusal having regard to each of the products or services covered by the application for registrationObligation to state the reasons for refusing to registerScope

(European Parliament and Council Regulation 2017/1001, Art. 7(1); Art. 94(1), first subpara.)

(see paras 38-45)

7. EU trade markDefinition and acquisition of the EU trade markApplication for registration of a sign in respect of all goods falling within a single categoryAssessment of the descriptiveness of the sign concerning all the goods

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

(see para. 48)

8. EU trade markDecisions of the OfficeLegalityExamination by the EU judicatureCriteria

(European Parliament and Council Regulation 2017/1001)

(see para. 53)

9. EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalOverlap of the scope of the grounds set out in Articles 7(1)(b) and 7(1)(c) of Regulation 2017/1001

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

(see para. 59)

10. 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 62, 63)

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

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

(see paras 64-66)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 14 February 2020 (Case R 2516/2019-2), relating to an application for registration of the word sign GluePro as an EU trade mark.

Operative part

The Court:

1. Dismisses the action;

2. Orders Steinel GmbH to pay the costs.