Judgment of the General Court (Second Chamber) of 15 September 2017 —
sheepworld v EUIPO (Bester Papa)
(Case T‑451/16)
(EU trade mark — Application for EU word mark Bester Papa — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009)
1. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Concept — Criteria for assessment
(Council Regulation No 207/2009, Art. 7(1)(b))
(see paras 19, 20)
2. 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 — Distinctive character — Application of specific criteria for assessment — Not permissible
(Council Regulation No 207/2009, Art. 7(1)(b))
(see paras 21-23)
3. 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 24, 26)
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 with a fantasy character
(Council Regulation No 207/2009, Art. 7(1)(b))
(see para. 25)
5. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Word mark Bester Papa
(Council Regulation No 207/2009, Art. 7(1)(b))
(see paras 28-32)
6. EU trade mark — Decisions of the Office — Principle of equal treatment — Principle of sound administration — EUIPO’s previous decision-making practice — Principle of legality — Need for a strict and complete examination in each particular case
(see para. 46)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 26 May 2016 (Case R 94/2016-4) concerning an application for registration of the word sign Bester Papa as an EU trade mark. |
Operative part
The Court:
2. | | Orders sheepworld AG to pay the costs. |