Judgment of the General Court (Fourth Chamber) of 14 December 2017.GeoClimaDesign AG v European Union Intellectual Property Office.EU trade mark — Invalidity proceedings — EU word mark GEO — Absolute grounds for refusal — Distinctive character — Lack of descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001) — Article 52(1)(a) of Regulation No 207/2009 (now Article 59(1)(a) of Regulation 2017/1001).Case T-280/16.

Judgment // 14/12/2017 // 2 min read
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Judgment of the General Court (Fourth Chamber) of 14 December 2017 — GeoClimaDesign v EUIPO — GEO (GEO)

(Case T‑280/16)

(EU trade mark — Invalidity proceedings — EU word mark GEO — Absolute grounds for refusal — Distinctive character — Lack of descriptive character — Article 7(1) (b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1) (b) and (c) of Regulation (EU) 2017/1001) — Article 52 (1) (a) of Regulation No 207/2009 (now Article 59(1) (a) of Regulation 2017/1001))

  1. EU trade mark—Appeals procedure—Action before the EU judicature—Jurisdiction of the General Court—Declaratory judgments—Not included

(Council Regulation No 207/2009, Art. 65(2) and (3))

(see para. 14)

  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. 26)

  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—Meaning

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

(see paras 27-29)

  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 para. 30)

  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—Perception of the sign by the relevant public

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

(see para. 35)

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

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

(see paras 36, 37, 47, 66-70)

  1. EU trade mark—Definition and acquisition of the EU trade mark—Assessment of the registrability of a sign—EU rules only taken into account—Earlier registration of the mark in certain Member States or third countries—Decisions not binding EU bodies

(Council Regulation No 207/2009)

(see para. 49)

  1. EU trade mark—Definition and acquisition of the EU trade mark—Absolute grounds for refusal—Marks devoid of any distinctive character—Meaning—Criteria for assessment

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

(see paras 55-58)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 29 March 2016 (Case R 1679/2015-4) relating to invalidity proceedings between GEO and GeoClimaDesign.

Operative part

The Court:

  1. Dismisses the action;

  2. Orders GeoClimaDesign AG to pay the costs.

Trade marks