Order of the General Court (Eighth Chamber) of 31 March 2023
Order of the General Court (Eighth Chamber) of 31 March 2023
Data
- Court
- General Court
- Case date
- 31 maart 2023
Verdict
Order of the General Court (Eighth Chamber) of 31 March 2023 –
Thomas Henry v EUIPO (MATE MATE)
(Case T‑482/22)(*)
"(EU trade mark - Application for EU word mark MATE MATE - Absolute grounds for refusal - Descriptive character - Lack of distinctive character - Misleading character - Article 7(1)(b),(c) and (g) of Regulation (EU) 2017/1001 - Action manifestly lacking any foundation in law)"
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 serviceConcept
(European Parliament and Council Regulation 2017/1001, Art. 7(1)(c))
(see paragraph 14)
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 serviceAssessment of the descriptive nature of a signCriteria
(European Parliament and Council Regulation 2017/1001, Art. 7(1)(c))
(see paragraph 15)
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 serviceSign capable of bearing multiple meaningsRefusal to register where descriptiveness of at least one of the potential meanings exists
(European Parliament and Council Regulation 2017/1001, Art. 7(1)(c))
(see paragraph 21)
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 serviceAssessment of the descriptive nature of a sign
(European Parliament and Council Regulation 2017/1001, Art. 7(1)(c))
(see paragraph 24)
EU trade markDefinition and acquisition of the EU trade markAssessment of the registrability of a signEU rules only taken into account
(European Parliament and Council Regulation 2017/1001)
(see paragraph 27)
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 serviceWord mark MATE MATE
(European Parliament and Council Regulation 2017/1001, Art. 7(1)(c))
(see paragraphs 29, 30, 43, 45-47)
EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalDescriptive character of a signCircumstance necessarily implying absence of distinctive character of the sign
(European Parliament and Council Regulation 2017/1001, Art. 7(1)(b) and (c))
(see paragraph 51)
EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks of such a nature as to deceive the publicCriteria for assessment
(European Parliament and Council Regulation 2017/1001, Art. 7(1)(g))
(see paragraphs 56-58, 64)
EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks of such a nature as to deceive the publicWord mark MATE MATE
(European Parliament and Council Regulation 2017/1001, Art. 7(1)(g))
(see paragraphs 61-63)
Operative part
The action is dismissed.
Each party shall bear its own costs.