Judgment of the General Court (Eighth Chamber) of 27 June 2017.Carlos Javier Jiménez Gasalla v European Union Intellectual Property Office.EU trade mark — Application for EU word mark B2B SOLUTIONS — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Distinctive character acquired through use — Article 7(3) of Regulation (EC) No 207/2009.Case T-685/16.

Judgment // 27/06/2017 // 3 min read
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Judgment of the General Court (Eighth Chamber) of 27 June 2017 — Jiménez Gasalla v EUIPO (B2B SOLUTIONS)

(Case T‑685/16)

(EU trade mark — Application for EU word mark B2B SOLUTIONS — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 — Distinctive character acquired through use — Article 7(3) 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 paras 23, 37)

  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 24-26)

  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 — Word mark B2B SOLUTIONS

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

(see paras 28, 32, 43, 45)

  1. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Exception — Distinctive character acquired through use — Trade mark devoid of distinctive character throughout the EU — Acquisition of that character in part of the Union — Insufficient

(Council Regulation No 207/2009, Art. 7(2))

(see para. 29)

  1. EU trade mark — Decisions of the Office — Legality — Examination by the EU judicature — Criteria

(Council Regulation No 207/2009)

(see paras 39, 48)

  1. EU trade mark — Decisions of the Office — Principle of equal treatment — Principle of sound administration — EUIPO’s previous decision-making practice

(Council Regulation No 207/2009)

(see para. 40)

  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 — Decisions of national authorities not binding EU bodies

(Council Regulation No 207/2009)

(see para. 41)

  1. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Overlap between the scope of the grounds for refusal set out in subparagraphs (b) and (c) of Article 7(1) of Regulation No 207/2009

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

(see para. 44)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 22 July 2016 (Case R 244/2016-4), concerning an application for registration of the word sign B2B SOLUTIONS as an EU trade mark.

Operative part

The Court:

  1. Dismisses the action;

  2. Orders Mr Carlos Javier Jiménez Gasalla to pay the costs.

Trade marks