Judgment of the General Court (Second Chamber) of 14 July 2017.Klassisk investment Ltd v European Union Intellectual Property Office.EU trade mark — International registration designating the European Union — Figurative mark CLASSIC FINE FOODS — Absolute ground for refusal — Descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Duty to state reasons — Article 75 of Regulation No 207/2009.Case T-194/16.

Judgment // 14/07/2017 // 2 min read
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Judgment of the General Court (Second Chamber) of 14 July 2017 — Klassisk investment v EUIPO (CLASSIC FINE FOODS)

(Case T‑194/16)

(EU trade mark — International registration designating the European Union — Figurative mark CLASSIC FINE FOODS — Absolute ground for refusal — Descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Duty to state reasons — Article 75 of Regulation No 207/2009)

  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. 18)

  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 — Concept

(Council Regulation No 207/2009, Art. 7(1)(c))

(see paras 20, 21)

  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 — Assessment of the descriptive nature of a sign — Criteria

(Council Regulation No 207/2009, Art. 7(1)(c))

(see paras 22, 23)

  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 — Figurative mark CLASSIC FINE FOODS

(Council Regulation No 207/2009, Art. 7(1)(c))

(see paras 28-33)

  1. EU trade mark — Definition and acquisition of the EU trade mark — Refusal of registration based on one of the absolute grounds for refusal set out in Article 7(1) of Regulation No 207/2009 — Whether sufficient

(Council Regulation No 207/2009, Art. 7(1))

(see para. 41)

  1. EU trade mark — Procedural provisions — Statement of reasons for decisions — Aim

(Council Regulation No 207/2009, Art. 75, first sentence)

(see para. 45)

Re:

ACTION brought against the decision of the First Board of Appeal of EUIPO of 29 January 2016 (Case R 1970/2015-1) concerning the international registration, designating the European Union, of the figurative mark CLASSIC FINE FOODS.

Operative part

The Court:

  1. Dismisses the action;

  2. Orders Klassisk investment Ltd to pay the costs.

Trade marks