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Judgment of the General Court (Second Chamber) of 10 February 2021

Judgment of the General Court (Second Chamber) of 10 February 2021

Data

Court
General Court
Case date
10 februari 2021

Verdict

Judgment of the General Court (Second Chamber) of 10 February 2021 –
EAB v EUIPO (RADIOSHUTTLE)

(Case T‑341/20)

"(EU trade mark - Application for EU word mark RADIOSHUTTLE - Absolute ground for refusal - Not distinctive - Article 7(1)(b) of Regulation (EU) 2017/1001 - Restriction of the goods designated in the trade mark application)"

1. EU trade markAppeals procedureAction before the EU judicatureRestriction of the list of goods and services after the decision of the Board of AppealConsequences

(Rules of Procedure of the General Court, Art. 188; European Parliament and Council Regulation 2017/1001, Art. 49(1))

(see paras 21-24)

2. 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 public

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

(see paras 30, 31, 33, 35)

3. EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks devoid of distinctive characterTrade 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)(b))

(see para. 42)

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

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

(see paras 43-52)

5. 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

(see para. 53)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 23 March 2020 (Case R 1428/2019-1) regarding an application for registration of the word mark RADIOSHUTTLE as an EU trade mark.

Operative part

The Court:

1. Dismisses the action;

2. Orders EAB AB to pay the costs.