Judgment of the General Court (Fifth Chamber) of 13 July 2022.Brand Energy Holdings BV v European Union Intellectual Property Office.EU trade mark – Application for EU word mark RAPIDGUARD – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – No distinctive character – Article 7(1)(b) of Regulation 2017/1001 – Right to be heard.Case T-573/21.

Judgment // 13/07/2022 // 3 min read
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Judgment of the General Court (Fifth Chamber) of 13 July 2022 –Brand Energy Holdings v EUIPO (RAPIDGUARD)

(Case T‑573/21) ( 1 )

(EU trade mark – Application for EU word mark RAPIDGUARD – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – No distinctive character – Article 7(1)(b) of Regulation 2017/1001 – Right to be heard)

  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 – Sign capable of having several meanings – Refusal of registration given the descriptive character of at least one of the potential meanings

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

(see paragraphs 32, 33)

  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 – Mark composed of a word or neologism resulting from a combination of elements

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

(see paragraphs 37, 39, 40)

  1. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Separate examination of the grounds for refusal in relation to each of the goods 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 (1), first sentence)

(see paragraphs 46, 47)

  1. EU trade mark – Definition and acquisition of the EU trade mark – Application for registration of a sign for all the goods or services falling within the same category – Assessment of the descriptiveness of the sign concerning all the goods or services

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

(see paragraph 48)

  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 RAPIDGUARD

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

(see paragraphs 52, 57-59, 61-64, 74)

  1. EU trade mark – Definition and acquisition of the EU trade mark – Refusal of registration based on one of the absolute grounds for refusal set out in Article 7(1) of Regulation 2017/1001 – Whether sufficient

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

(see paragraphs 70-72)

  1. EU trade mark – Decisions of EUIPO – Observance of the rights of the defence – Scope of the principle

(European Parliament and Council Regulation 2017/1001, Art. 94(1), second sentence)

(see paragraph 78)

Operative part

The Court:

  1. Dismisses the action;

  2. Orders Brand Energy Holdings BV to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO).

( 1 ) OJ C 431, 25.10.2021.

Trade marks