Judgment of the General Court (Sixth Chamber) of 24 January 2018 — Constantin Film Produktion v EUIPO (Fack Ju Göhte)
(Case T‑69/17)
(EU trade mark — Application for the EU word mark Fack Ju Göhte — Absolute ground for refusal — Trade mark contrary to public policy or to accepted principles of morality — Article 7(1)(f) of Regulation (EC) No 207/2009 (now Article 7(1)(f) of Regulation (EU) 2017/1001)
1. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Trade marks which are contrary to public policy or to accepted principles of morality — Examination by reference to the perception of the sign by the relevant public
(Council Regulation No 207/2009, Art. 7(1)(f))
(see paras 13, 15, 34)
2. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Trade marks which are contrary to public policy or to accepted principles of morality — Word mark Fack Ju Göhte
(Council Regulation No 207/2009, Art. 7(1)(f))
(see paras 17-20, 26, 30, 32, 40, 43, 46)
3. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Trade marks which are contrary to public policy or to accepted principles of morality — Assessment solely on the basis of an examination of the mark itself related to the goods and services covered
(Council Regulation No 207/2009, Art. 7(1)(f))
(see para. 28)
4. EU trade mark — Decisions of the Office — Principle of equal treatment — Principle of sound administration — EUIPO’s previous decision-making practice — Principle of legality — Need for a strict and complete examination in each particular case
(see paras 36-39)
Re:
| ACTION brought against the decision of the Fifth Board of Appeal of EUIPO of 1 December 2016 (Case R 2205/2015–5), concerning an application for registration of the word sign Fack Ju Göhte as an EU trade mark. |
Operative part
The Court:
2. | | Orders Constantin Film Produktion GmbH to pay the costs. |