Judgment of the General Court (First Chamber) of 21 December 2022 –
European Lotto and Betting v EUIPO – Tipp24 Services (Cash4Life)
(Case T‑554/21) (1)
(EU trade mark – Invalidity proceedings – EU word mark Cash4Life – Absolute ground for invalidity – Descriptive character – Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001))
1. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks consisting exclusively of signs or indications which may serve to designate the characteristics of a product or service – Aim – Need to preserve availability
(Council Regulation No 207/2009, Arts 7(1)(c) and 52(1)(a))
(see paragraph 18)
2. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks consisting exclusively of signs or indications which may serve to designate the characteristics of a product or service – Concept – Mark consisting of a word or neologism produced by a combination of elements
(Council Regulation No 207/2009, Arts 7(1)(c) and 52(1)(a))
(see paragraphs 19-23)
3. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks consisting exclusively of signs or indications which may serve to designate the characteristics of a product or service – Assessment of the descriptive character of a sign – Criteria
(Council Regulation No 207/2009, Arts 7(1)(c) and 52(1)(a))
(see paragraph 24)
4. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks consisting exclusively of signs or indications which may serve to designate the characteristics of a product or service – Word mark Cash4Life
(Council Regulation No 207/2009, Arts 7(1)(c) and 52(1)(a))
(see paragraphs 26, 27, 32, 35, 38-43)
5. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks consisting exclusively of signs or indications which may serve to designate the characteristics of a product or service – Concept of characteristic
(Council Regulation No 207/2009, Arts 7(1)(c) and 52(1)(a))
(see paragraph 41)
Operative part
The Court:
2. | | Orders European Lotto and Betting Ltd to pay the costs. |