Judgment of the General Court (Tenth Chamber) of 29 June 2022.bet-at-home.com Entertainment GmbH v European Union Intellectual Property Office.Case T-640/21.

Judgment // 29/06/2022 // 2 min read
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Judgment of the General Court (Tenth Chamber) of 29 June 2022 –bet-at-home.com Entertainment v EUIPO (bet-at-home)

(Case T‑640/21) ( 1 )

(EU trade mark – Application for registration of the EU figurative mark bet-at-home – Absolute ground for refusal – Lack of distinctive character – Descriptive character – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)

  1. EU trade mark – Procedural provisions – Statement of reasons for decisions – Scope – Recourse by the Board of Appeal to implicit reasoning

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

(see paras 21, 22)

  1. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Trade mark made up of several components – Possible for the competent authority to examine each of the components making up the trade mark – Need to take account of the overall perception of the combination by the relevant public

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

(see paras 35, 36)

  1. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Figurative mark representing a green arc

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

(see paras 38-41)

Operative part

The Court:

  1. Dismisses the action;

  2. Orders bet-at-home.com Entertainment GmbH to pay the costs.

( 1 ) OJ C 471, 22.11.2021.

Trade marks