Judgment of the General Court (Fourth Chamber) of 15 May 2018 –
Wirecard v EUIPO (mycard2go)
(Case T‑860/16)
(EU trade mark — Application for EU figurative mark mycard2go — Absolute ground for refusal — Descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001))
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 — Meaning
(Council Regulation No 207/2009, Art. 7(1)(c))
(see paras 14-17)
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 — Meaning — 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, 19)
4. 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. 20)
5. 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 — Marks devoid of any distinctive character — Figurative mark mycard2go
(Council Regulation No 207/2009, Art. 7(1)(b) and (c))
(see paras 26, 29, 37, 46, 50)
6. 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 — Perception of the sign by the relevant public
(Council Regulation No 207/2009, Art. 7(1)(c))
(see para. 28)
7. 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 paras 38, 39)
Re:
| Action brought against the decision of the Fourth Board of Appeal of EUIPO of 3 October 2016 (Case R 281/2016-4) concerning an application for registration of the figurative sign mycard2go as an EU trade mark. |
Operative part
The Court:
2. | | Orders Wirecard AG to pay the costs. |