Judgment of the General Court (Second Chamber) of 30 November 2017 – Hanso Holding v EUIPO (REAL)
(Case T-798/16)
(EU trade mark — Application for the EU figurative mark REAL — Absolute grounds for refusal — Descriptive character — No distinctive character — No distinctive character acquired through use — Article 7(1)(b) and (c) and (3) of Regulation (EC) No 207/2009 [now Article 7(1)(b) and (c) and (3) 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, 15, 30, 34)
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 – Assessment of the descriptive nature of a sign – Criteria
(Council Regulation No 207/2009, Art. 7(1)(c))
(see paras 16, 17)
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 – Figurative mark REAL
(Council Regulation No 207/2009, Art. 7(1)(c))
(see paras 27, 47)
5. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Exception – Distinctive character acquired through use – Criteria for assessment
(Council Regulation No 207/2009, Art. 7(3))
(see paras 38, 39, 42-45, 49, 50)
6. EU trade mark – Decisions of the Office – Legality – Examination by the EU judicature – Criteria
(Council Regulation No 207/2009)
(see para. 58)
7. EU trade mark – Decisions of the Office – Principle of equal treatment – Principle of sound administration – EUIPO’s previous decision-making practice
(Council Regulation No 207/2009)
(see paras 60-62)
Re:
| ACTION brought against the decision of the Second Board of Appeal of EUIPO of 2 September 2016 (Case R 2405/2015-2), relating to the application for registration of the figurative sign REAL as a European Union trade mark. |
Operative part
The Court:
1. Dismisses the action;
2. Orders Hanso Holding AS to pay the costs.