Judgment of the General Court (Tenth Chamber) of 2 December 2020.BSH Hausgeräte GmbH v European Union Intellectual Property Office.EU trade mark – Application for EU figurative mark Home Connect – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Sufficiently direct and specific relationship with the goods covered by the trade mark application – No distinctive character – Article 7(1)(b) of Regulation 2017/1001.Case T-152/20.

Judgment // 02/12/2020 // 3 min read
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Judgment of the General Court (Tenth Chamber) of 2 December 2020 –BSH Hausgeräte v EUIPO (Home Connect)

(Case T‑152/20)

(EU trade mark – Application for EU figurative mark Home Connect – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Sufficiently direct and specific relationship with the goods covered by the trade mark application – No distinctive character – Article 7(1)(b) of Regulation 2017/1001)

  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 – Scope of the examination

(Regulation of the European Parliament and Council 2017/1001, 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 – Definition

(Regulation of the European Parliament and Council 2017/1001, Art. 7(1)(c))

(see paras 14, 15, 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 – Assessment of the descriptive nature of a sign – Criteria

(Regulation of the European Parliament and Council 2017/1001, 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 – Marks devoid of distinctive character – Figurative mark Home Connect

(European Parliament and Council Regulation 2017/1001, Art. 7(1)(b) and (c))

(see paras 26, 28, 40, 41, 53, 61, 75, 86, 87)

  1. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Examination of the grounds for refusal having regard to each of the products or services covered by the application for registration – Obligation to state the reasons for refusing to register – Scope

(European Parliament and Council Regulation 2017/1001, Arts 7 (1) and 94, first sentence)

(see paras 55, 56)

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

(European Parliament and Council Regulation 2017/1001, Art. 7(1)(b))

(see paras 83, 84)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 10 January 2020 (Case R 1751/2019-5), concerning an application for registration of the figurative sign Home Connect as an EU trade mark.

Operative part

The Court:

  1. Dismisses the action;

  2. Orders BSH Hausgeräte GmbH to pay the costs.

Trade marks