Judgment of the General Court (Fifth Chamber) of 6 April 2017.Aldi GmbH & Co. KG v European Union Intellectual Property Office.EU trade mark — Application for the EU figurative mark ViSAGE — Absolute grounds for refusal — Descriptiveness — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009.Case T-219/16.

Judgment // 06/04/2017 // 1 min read
bookmark 2 citations

Judgment of the General Court (Fifth Chamber) of 6 April 2017 —Aldi v EUIPO (ViSAGE)

(Case T‑219/16)

(EU trade mark — Application for the EU figurative mark ViSAGE — Absolute grounds for refusal — Descriptiveness — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) 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—Criteria

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

(see para. 13)

  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 ViSAGE

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

(see paras 14, 18-20)

Re:

ACTION brought against the decision of the Fifth Board of Appeal of EUIPO of 19 February 2016 (Case R 507/2015-5) concerning an application for registration of the figurative sign ViSAGE as an EU trade mark.

Operative part

The Court:

  1. Dismisses the action;

  2. Orders Aldi GmbH & Co. KG to pay the costs.

Trade marks