Judgment of the General Court (Single Judge) of 28 September 2016 —
Intesa Sanpaolo v EUIPO (WAVE 2 PAY and WAVE TO PAY)
(Joined Cases T‑129/15 and T‑130/15)
EU trade mark — Application for EU word marks WAVE 2 PAY and WAVE TO PAY — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) and Article 7(2) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation 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 — Concept (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 20, 21)
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 — Assessment of the descriptive nature of a sign — Criteria (Council Regulation No 207/2009, Art. 7(1)(c)) (see para. 22)
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 — Word marks WAVE 2 PAY and WAVE TO PAY (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 23, 25-27, 34)
4. EU trade mark — Decisions of the Office — Principle of equal treatment — Principle of sound administration — EUIPO’s previous decision-making practice (see paras 32, 33)
5. EU trade mark — Procedural provisions — Statement of reasons for decisions — Article 75, first sentence, of Regulation No 207/2009 — Scope identical to that of Article 296 TFEU (Art. 296 TFEU; Council Regulation No 207/2009, Art. 75, first sentence) (see para. 40)
6. 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 (Council Regulation No 207/2009, Arts 7(1), and 75, first sentence) (see para. 41)
Re:
| ACTION brought against two decisions of the Fifth Board of Appeal of EUIPO of 19 January 2015 (Cases, respectively, R 1857/2014-5 and R 1864/2014-5), concerning two applications for registration of the word signs, respectively, WAVE 2 PAY and WAVE TO PAY as EU trade marks. |
Operative part
The Court:
2. | | Orders Intesa Sanpaolo SpA to pay the costs. |