Order of the Court (Tenth Chamber) of 3 October 2018 — Romantik Hotels & Restaurants v EUIPO
(Case C‑411/18 P)
(Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Invalidity proceedings — Word mark ROMANTIK — Declaration of invalidity)
1. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Overlap of the scope of the grounds set out in Articles 7(1)(b) and 7(1)(c) of Regulation No 207/2009
(Council Regulation No 207/2009, Art. 7(1)(b) and (c))
(see paras 4, 5)
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 — Criteria
(Council Regulation No 207/2009, Art. 7(1)(c))
(see paras 4, 5)
3. Appeal — Grounds — Incorrect assessment of the facts and evidence — Inadmissibility — Review by the Court of the assessment of the facts and evidence — Possible only where the clear sense of the evidence has been distorted
(Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.)
(see paras 4, 5)
4. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Marks constituted of advertising slogans — Flattering promotional formula
(Council Regulation No 207/2009, Art. 7(1)(b))
(see paras 4, 5)
Operative part
1. | | The appeal is dismissed as being, in part, manifestly inadmissible and, in part, manifestly unfounded. |
2. | | Romantik Hotels & Restaurants AG is ordered to pay its own costs. |
2. | | Romantik Hotels & Restaurants AG is ordered to pay its own costs. |