Order of the General Court (Tenth Chamber) of 22 November 2022 –
Fieldpoint (Cyprus) v EUIPO (HYPERLIGHTEYEWEAR)
(Case T‑801/21) (1)
(EU trade mark – Application for the EU word mark HYPERLIGHTEYEWEAR – Absolute ground for refusal – Descriptiveness – Article 7(1)(c) of Regulation (EU) 2017/1001 – Equal treatment – Action manifestly lacking any foundation in law)
1. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service – Aim – Need to preserve availability
(European Parliament and Council Regulation 2017/1001, Art. 7(1)(c))
(see paragraph 16)
2. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service – Definition – Mark composed of a word or neologism resulting from a combination of elements
(European Parliament and Council Regulation 2017/1001, Art. 7(1)(c))
(see paragraphs 17-19, 25)
3. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service – Assessment of the descriptive nature of a sign – Criteria
(European Parliament and Council Regulation 2017/1001, Art. 7(1)(c))
(see paragraph 20)
4. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service – Word mark HYPERLIGHTEYEWEAR
(European Parliament and Council Regulation 2017/1001, Art. 7(1)(c))
(see paragraphs 26, 29, 30, 32, 35)
5. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service – Assessment by EUIPO of registrability – Production of evidence – Not required
(European Parliament and Council Regulation 2017/1001, Art. 7(1)(c))
(see paragraph 28)
6. EU trade mark – Definition and acquisition of the EU trade mark – Refusal of registration based on one of the absolute grounds for refusal set out in Article 7(1) of Regulation 2017/1001 – Whether sufficient
(European Parliament and Council Regulation 2017/1001, Art. 7(1))
(see paragraph 37)
7. EU trade mark – Decisions of EUIPO – Principle of equal treatment – Principle of sound administration – EUIPO’s previous decision-making practice – Principle of legality – Need for a stringent and full examination in each individual case
(European Parliament and Council Regulation 2017/1001)
(see paragraph 44)
Operative part
1. | | The action is dismissed. |
2. | | Fieldpoint (Cyprus) LTD shall pay the costs. |