Judgment of the General Court (Third Chamber) of 16 May 2017 —
Marsh v EUIPO (LegalPro)
(Case T‑472/16)
(EU trade mark — Application for the EU word mark LegalPro — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009)
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
(Council Regulation No 207/2009, Art. 7(1)(c))
(see para. 13)
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 — Concept
(Council Regulation No 207/2009, Art. 7(1)(c))
(see paras 14, 15, 25, 26)
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 — Concept — Mark composed of a word or neologism resulting from a combination of elements
(Council Regulation No 207/2009, Art. 7(1)(c))
(see para. 16)
4. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Word mark LegalPro
(Council Regulation No 207/2009, Art. 7(1)(c))
(see paras 28, 39, 43)
5. EU trade mark — Decisions of the Office — Legality — Examination by the EU judicature — Criteria
(Council Regulation No 207/2009)
(see para. 31)
6. EU trade mark — Decisions of the Office — Principle of equal treatment — Principle of sound administration — EUIPO’s previous decision-making practice
(Council Regulation No 207/2009)
(see para. 32)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 17 June 2016 (Case R 146/2016-4) concerning the application for registration of the word sign LegalPro as an EU trade mark. |
Operative part
The Court:
2. | | Orders Marsh GmbH to pay the costs. |