Order of the General Court (Third Chamber) of 15 October 2020
Order of the General Court (Third Chamber) of 15 October 2020
Data
- Court
- General Court
- Case date
- 15 oktober 2020
Verdict
Order of the General Court (Third Chamber) of 15 October 2020 –
Lotto24 v EUIPO (LOTTO24)
(Case T‑38/20)
"(EU trade mark - Application for EU figurative mark LOTTO24 - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EU) 2017/1001 - Article 7(2) of Regulation 2017/1001 - Action manifestly lacking any foundation in law)"
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 serviceDefinition
(European Parliament and Council Regulation 2017/1001, Art. 7(1)(c))
(see paras 14, 15, 17)
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 serviceAimNeed to preserve availability
(European Parliament and Council Regulation 2017/1001, Art. 7(1)(c) and (2))
(see para. 16)
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 serviceFigurative mark LOTTO24
(European Parliament and Council Regulation 2017/1001, Art. 7(1)(c))
(see paras 30, 35, 36, 40, 41)
Re:
Action brought against the decision of the Second Board of Appeal of EUIPO of 5 November 2019 (Case R 1216/2019-2), concerning an application for registration of the figurative sign LOTTO24 as an EU trade mark.
Operative part
1. The action is dismissed.
2. Lotto24 AG shall pay the costs.