Judgment of the General Court (Sixth Chamber) of 17 January 2019 –
Equity Cheque Capital Corporation v EUIPO (DIAMOND CARD)
(Case T‑91/18)
(EU trade mark — Application for EU figurative mark DIAMOND CARD — Absolute ground for refusal — Distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001)
1. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Meaning — Criteria for assessment
(European Parliament and Council Regulation 2017/1001, Art. 7(1)(b))
(see paras 13, 14)
2. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Separate examination of the grounds for refusal in relation to each of the goods or services covered by the application for registration — Obligation to state the reasons for refusing to register — Scope
(European Parliament and Council Regulation 2017/1001, Arts 7(1) and 94(1) first sentence)
(see para. 20)
3. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Trade mark made up of several elements — Possible for the competent authority to examine each of the elements making up the trade mark — Scope of protection of the mark
(European Parliament and Council Regulation 2017/1001, Art. 7(1)(b))
(see para. 22)
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 — Slogan carrying an objective message
(European Parliament and Council Regulation 2017/1001, Art. 7(1)(b))
(see paras 34, 35)
5. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character –Figurative mark DIAMOND CARD
(European Parliament and Council Regulation 2017/1001, Art. 7(1)(b))
(see paras 36, 38, 39, 42)
6. EU trade mark — Decisions of the Office — Legality — Examination by the EU judicature — Criteria
(European Parliament and Council Regulation 2017/1001)
(see para. 45)
Re:
| Action brought against the decision of the Fourth Board of Appeal of EUIPO of 14 December 2017 (Case R 1544/2017-4), relating to an application for registration of the figurative sign DIAMOND CARD as an EU trade mark. |
Operative part
The Court:
2. | | Orders Equity Cheque Capital Corporation to pay the costs. |