Judgment of the General Court (Seventh Chamber) of 13 July 2017.LG Electronics, Inc. v European Union Intellectual Property Office.EU trade mark — Application for the EU word mark QD — Absolute grounds for refusal — Descriptive character — No distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009.Case T-650/16.

Judgment // 13/07/2017 // 2 min read
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Judgment of the General Court (Seventh Chamber) of 13 July 2017 —LG Electronics v EUIPO (QD)

(Case T‑650/16)

(EU trade mark — Application for the EU word mark QD — Absolute grounds for refusal — Descriptive character — No 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 — Aim — Need to preserve availability

(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 — Concept

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

(see paras 14, 15, 25, 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 — Criteria

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

(see para. 16)

  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 — Word mark QD

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

(see paras 18, 22, 23, 30, 34)

Re:

ACTION brought against the decision of the First Board of Appeal of EUIPO of 24 May 2016 (Case R 2046/2015-1), relating to an application for registration of the word sign QD as an EU trade mark.

Operative part

The Court:

  1. Dismisses the action;

  2. Orders LG Electronics, Inc. to pay the costs.

Trade marks