Judgment of the General Court (Single Judge) of 15 February 2023 –
LG Electronics v EUIPO – ZTE Deutschland (V10)
(Case T‑741/21) (1)
(EU trade mark – Invalidity proceedings – EU word mark V10 – Absolute ground for refusal – Alphanumeric sign – 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 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
(European Parliament and Council Regulation 2017/1001, Art. 7(1)(c))
(see paragraphs 26-29)
2. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service – Word mark V10
(European Parliament and Council Regulation 2017/1001, Art. 7(1)(c))
(see paragraphs 33-35, 37-39, 43-46, 53, 56, 57)
3. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Examination of the grounds for refusal having regard 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 paragraphs 49, 50)
Operative part
The Court:
2. | | Orders LG Electronics, Inc. to pay the costs. |