Judgment of the General Court (Ninth Chamber) of 16 February 2017 —
Gruppe Nymphenburg Consult v EUIPO (Limbic® Types)
(Case T‑516/15)
(EU trade mark — Application for the EU word mark Limbic® Types — Lack of distinctive character — Absolute ground for refusal — 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 — Criteria
(Council Regulation No 207/2009, Art. 7(1)(c))
(see paras 17, 22, 36)
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 — Mark composed of a word or neologism resulting from a combination of elements
(Council Regulation No 207/2009, Art. 7(1)(c))
(see paras 18-21)
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 mark Limbic® Types
(Council Regulation No 207/2009, Art. 7(1)(c))
(see paras 24-28, 35-52)
Re:
| ACTION brought against the decision of the First Board of Appeal of EUIPO of 23 June 2015 (Case R 1974/2014-1), concerning an application for registration of the word sign Limbic® Types as an EU trade mark. |
Operative part
The Court:
1. | | Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 23 June 2015 (Case R 1974/2014-1); |
2. | | Orders EUIPO to bear its own costs as well as those incurred by Gruppe Nymphenburg Consult AG. |