Judgment of the General Court (Sixth Chamber) of 8 September 2021

EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks devoid of distinctive characterAssessment of distinctive characterCriteria

(Council Regulation No 207/2009, Art. 7(1)(b))

(see paras 28, 65, 67, 97)

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 publicAttention level of the public

(Council Regulation No 207/2009, Art. 7(1)(b))

(see paras 31, 32, 34, 35)

EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks devoid of distinctive characterThree-dimensional trade marks consisting of the shape of the product itselfDistinctive characterCriteria for assessmentShape in question being a variant of the habitual shapes of the type of products concernedFact not sufficient to establish distinctiveness of the mark

(Council Regulation No 207/2009, Art. 7(1)(b))

(see paras 42-45, 83)

EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks devoid of distinctive characterThree-dimensional sign constituted by the shape of a spherical container

(Council Regulation No 207/2009, Art. 7(1)(b))

(see paras 49, 57, 69, 72, 75, 77, 84, 89, 92, 98)

EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks devoid of distinctive characterExceptionDistinctive character acquired through useCriteria for assessment

(Council Regulation No 207/2009, Art. 7(3))

(see para. 86)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 8 June 2020 (Case R 2017/2019-4), relating to an application for registration of a three-dimensional sign constituted by the shape of a spherical container as an EU trade mark.

Operative part

The Court:

Dismisses the action;

Orders Eos Products Sàrl to pay the costs.