Judgment of the General Court (Sixth Chamber) of 8 January 2025
Judgment of the General Court (Sixth Chamber) of 8 January 2025
Data
- Court
- General Court
- Case date
- 8 januari 2025
Verdict
Judgment of the General Court (Sixth Chamber) of 8 January 2025 –
Cinkciarz.pl v EUIPO (€$ We Think for You)
(Case T-20/24)
"(EU trade mark - Application for the figurative European Union trade mark €$ W Think for You - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) - Obligation to state reasons - Right to be heard - Article 94(1) of Regulation 2017/1001)"
1. EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks devoid of any distinctive characterConcept of distinctiveness
(Council Regulation No 207/2009, Art. 7(1)(b))
(see paragraph 16)
2. EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks devoid of any distinctive characterAssessment of distinctive characterCriteria
(Council Regulation No 207/2009, Art. 7(1)(b))
(see paragraphs 17, 18)
3. EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks devoid of any distinctive characterMarks consisting of advertising slogansDistinctive characterCriteria for assessment
(Council Regulation No 207/2009, Art. 7(1)(b))
(see paragraphs 19, 21)
4. EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks devoid of any distinctive characterMarks consisting of advertising slogansDistinctive characterApplication of specific criteria for assessmentNot permissible
(Council Regulation No 207/2009, Art. 7(1)(b))
(see paragraph 20)
5. EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks devoid of any distinctive characterFigurative mark €$ We Think for You
(Council Regulation No 207/2009, Art. 7(1)(b))
(see paragraphs 42-46, 48, 54)
6. EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks devoid of any distinctive characterTrade mark made up of several elementsPossible for the competent authority to examine each of the elements making up the trade markNeed to take account of the overall perception of the combination by the relevant public
(Council Regulation No 207/2009, Art. 7(1)(b))
(see paragraph 47)
7. EU trade markProcedural provisionsDecisions of EUIPOObservance of the rights of the defenceScope of the principle
(Charter of Fundamental Rights of the European Union, Art. 41(2)(a); European Parliament and Council Regulation 2017/1001, Art. 94(1))
(see paragraphs 61, 64)
Operative part
The Court:
1. Dismisses the action;
2. Orders Cinkciarz.pl sp. z o.o. to pay the costs.