Judgment of the General Court (Second Chamber) of 3 April 2017.Cop Vertriebs-GmbH v European Union Intellectual Property Office.EU trade mark — Invalidity proceedings — International registration designating the European Union — Figurative mark AMPHIBIAN — Absolute grounds for refusal — Distinctive character — Lack of descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009.Case T-215/16.

Judgment // 03/04/2017 // 2 min read
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Judgment of the General Court (Second Chamber) of 3 April 2017 —Cop v EUIPO — Conexa (AMPHIBIAN)

(Case T‑215/16)

(EU trade mark — Invalidity proceedings — International registration designating the European Union — Figurative mark AMPHIBIAN — Absolute grounds for refusal — Distinctive character — Lack of descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)

  1. EU trade mark—Appeals procedure—Action before the EU judicature—Condition of admissibility—Grounds of appeal directed only against decisions of the Boards of Appeal

(Council Regulation No 207/2009, Art. 65(1))

(see para. 12)

  1. EU trade mark—Appeals procedure—Action before the EU judicature—Jurisdiction of the General Court—Re-evaluation of the facts in the light of evidence produced for the first time before it—Precluded

(Council Regulation No 207/2009, Art. 65)

(see para. 18)

  1. Community trade mark—Appeals procedure—Action before the EU judicature—Legality of the decision of a Board of Appeal—Account taken, for the purposes of applying EU law, of national legislation, case-law or academic writing—Lawfulness

(Council Regulation No 207/2009, Art. 65)

(see para. 21)

  1. EU trade mark—Definition and acquisition of the EU trade mark—Prior registration of the trade mark in certain Member States—Effect

(see para. 22)

  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. 33)

  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—Criteria

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

(see paras 34-37)

  1. EU trade mark—Surrender, revocation and invalidity—Absolute grounds for invalidity—Registration contrary to Article 7(1)(c) of Regulation No 207/2009—Figurative mark AMPHIBIAN

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

(see paras 39-47, 55)

  1. EU trade mark—Procedural provisions—Examination of the facts of the Office’s own motion—Invalidity proceedings concerning absolute grounds for refusal—Examination restricted to the submissions of the parties

(Council Regulation No 207/2009, Arts 7(1), 52, 55 and 76(1))

(see paras 49-51)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 7 March 2016 (Case R 1984/2015-4) relating to invalidity proceedings between Cop and Conexa.

Operative part

The Court:

  1. Dismisses the action;

  2. Orders Cop Vertriebs-GmbH to pay the costs.

Trade marks