Judgment of the General Court (Tenth Chamber) of 5 October 2022

Data

Court: General Court

Case date: 5 oktober 2022

Verdict

Judgment of the General Court (Tenth Chamber) of 5 October 2022 –
Philip Morris Products v EUIPO (Representation of black and white lines)

(Case T‑502/21)^(*)

"(EU trade mark - Application for EU figurative mark representing black and white lines - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001)"

EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks devoid of distinctive characterDefinitionCriteria for assessment

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

(see paragraph 14)

EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks devoid of distinctive characterSign composed of a basic geometric figure

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

(see paragraphs 17, 18)

EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks devoid of distinctive characterFigurative mark representing black and white lines

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

(see paragraphs 19-22, 25)

EU trade markMark not fulfilling its fundamental functionNo general interest in conferring thereon the protection referred to by Regulation 2017/1001

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

(see paragraph 27)

EU trade markProcedural provisionsStatement of reasons for decisionsScope

(Art. 296 TFEU, second para.; Regulation of the European Parliament and of the Council 2017/1001, Art. 94(1), first sentence)

(see paragraph 33)

Operative part

The Court:

Dismisses the action;

Orders Philip Morris Products SA to pay the costs.