Judgment of the General Court (Sixth Chamber) of 20 October 2021 –
Square v EUIPO ($ Cash App)
(Case T‑210/20)
(EU trade mark – International registration designating the European Union – Figurative mark $ Cash App – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Right to be heard – Obligation to state reasons – Article 94(1) of Regulation 2017/1001 – Equal treatment and principle of sound administration)
1. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Concept – Criteria for assessment
(European Parliament and Council Regulation 2017/1001, Art. 7(1)(b))
(see paras 17, 59, 69)
2. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Overlap of the scope of the grounds set out in Article 7(1)(b) and (c) of Regulation 2017/1001
(European Parliament and Council Regulation 2017/1001, Art. 7(1)(b) and (c))
(see paras 18, 19)
3. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Separate examination of the various grounds for refusal – Interpretation of the grounds for refusal in the light of the public interest underlying each of them
(European Parliament and Council Regulation No 2017/1001, Art. 7(1)(b) to (d))
(see para. 20)
4. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Figurative mark $ Cash App
(European Parliament and Council Regulation 2017/1001, Art. 7(1)(b))
(see paras 25, 26, 83)
5. EU trade mark – Procedural provisions – Statement of reasons for decisions – First sentence of Article 94(1) of Regulation 2017/1001 – Scope identical to that of Article 296 TFEU
(Art. 296 TFEU; Regulation of the European Parliament and of the Council 2017/1001, Art. 94(1), first sentence)
(see para. 33)
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
(European Parliament and Council Regulation 2017/1001, Arts 7(1) and 94(1), first sentence)
(see paras 34-39)
7. EU trade mark – Procedural provisions – Decisions of EUIPO – Observance of the rights of the defence – Scope of the principle
(European Parliament and Council Regulation 2017/1001, Art. 94(1), second sentence)
(see para. 49)
8. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Trade mark made up of several elements – Possible for the competent authority to examine each of the elements making up the trade mark – Need to take account of the overall perception of the combination by the relevant public
(European Parliament and Council Regulation 2017/1001, Art. 7(1)(b))
(see para. 73)
9. EU trade mark – Definition and acquisition of the EU trade mark – Assessment of the registrability of a sign – EU rules only taken into account – Earlier registration of the mark in certain Member States or third countries – Decisions not binding EU bodies
(European Parliament and Council Regulation 2017/1001)
(see para. 95)
Re:
| Action brought against the decision of the First Board of Appeal of EUIPO of 5 February 2020 (Case R 811/2019-1), relating to the international registration designating the European Union in respect of the figurative mark $ Cash App. |
Operative part
The Court:
2. | | Orders Square, Inc. to bear its own costs and pay those incurred by the European Union Intellectual Property Office (EUIPO). |