Judgment of the General Court (Tenth Chamber) of 30 March 2022
Judgment of the General Court (Tenth Chamber) of 30 March 2022
Data
- Court
- General Court
- Case date
- 30 maart 2022
Verdict
Judgment of the General Court (Tenth Chamber) of 30 March 2022 –
Daimler v EUIPO (Representation of three-pointed stars on a black background II)
(Case T‑278/21)(1)
"(EU trade mark - Application for EU pattern mark - Representation of three-pointed stars on a black background II - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001)"
1. EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks devoid of distinctive characterAssessment of distinctive characterSign being confused with the appearance of the designated product
(European Parliament and Council Regulation 2017/1001, Art. 7(1)(b))
(see paras 11, 12, 17-21)
2. EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks devoid of distinctive characterPattern mark representing three-pointed stars on a black background II
(European Parliament and Council Regulation 2017/1001, Art. 7(1)(b))
(see paras 22, 26, 31, 33-35)
3. EU trade markDefinition and acquisition of the EU trade markAssessment of the registrability of a signEU rules only taken into accountDecisions of national authorities not binding EU bodies
(see para. 30)
Operative part
The Court:
1. Dismisses the action;
2. Orders Daimler AG to pay the costs.