Judgment — ECLI:EU:C:2017:518
Date: 2017-07-06
Language of the case: Spanish
Court formation: Tenth Chamber
Subject matter: Intellectual, industrial and commercial property;Approximation of laws
Procedure: Reference for a preliminary ruling
Origin: Spain

Summary — Judgment of the Court (Tenth Chamber), 6 July 2017 1. Approximation of laws — Trade marks — Directive 2008/95 — Grounds for refusal or invalidity — Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service — Indications of geographical origin — Concept — Word mark La Milla de Oro — Sign referring to the characteristic of a product or service which is that it can be found in abundance in a single place with a high degree of value and quality — Not included (European Parliament and Council Directive 2008/95, Art. 3(1)(c)) 2. Approximation of laws — Trade marks — Directive 2008/95 — Grounds for refusal or invalidity — Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods — Aim — Need to preserve availability (European Parliament and Council Directive 2008/95, Art. 3(1)(c) and (3)) 3. Approximation of laws — Trade marks — Directive 2008/95 — Grounds for refusal or invalidity — Marks devoid of any distinctive character — Marks constituted of advertising slogans — Flattering promotional formula (European Parliament and Council Directive 2008/95, Art. 3(1)(b)) 4. Approximation of laws — Trade marks — Directive 2008/95 — Grounds for refusal or invalidity — Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service — Word mark La Milla de Oro — Sign referring to the characteristic of a product or service which is that it can be found in abundance in a single place with a high degree of value and quality — Distinctive character — Assessment by the national court (European Parliament and Council Directive 2008/95, Art. 3(1)(b) and (c)) 1. A sign such as ‘la Milla de Oro’, referring to the characteristic of a product or service which is that it can be found in abundance in a single place with a high degree of value and quality, cannot constitute an indication of geographical origin, since that sign must be accompanied by a name designating a geographical place so that the actual physical space with which a strong concentration of a product or service of a high degree of value or quality is associated may be identified. In that regard, it should be recalled that the Court has held that Article 3(1)(c) of Directive 2008/95 prohibits the registration of geographical names as trade marks when the names designate places which are, in the mind of the relevant class of persons, currently associated with the category of goods concerned, or when it is reasonable to assume that such an association may be established in the future (see, to that effect, judgment of 4 May 1999, Windsurfing Chiemsee, C‑108/97 and C‑109/97, EU:C:1999:230, paragraphs 31 and 37). (see paras 16, 21, operative part1) 2. See the text of the decision. (see para. 23) 3. See the text of the decision. (see paras 28, 29) 4. Article 3(1)(c) of 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks must be interpreted as meaning that a sign such as ‘la Milla de Oro’, referring to the characteristic of a product or service which is that such a product or service can be found in abundance in a single place with a high degree of value, is unlikely to have characteristics the use of which as a trade mark would constitute a ground for invalidity within the meaning of that provision. Thus, in the circumstances at issue in the main proceedings, the referring court will have to examine, in the light of all the relevant facts and circumstances, whether the sign ‘la Milla de Oro’, provided that it is not descriptive of the characteristic of a product or service which is that it can be found in abundance in a single place with a high degree of value and quality, is perceived by the public concerned as being a slogan or promotional formula capable of indicating the commercial origin of the product or service concerned. (see paras 30, 31, operative part 2)