Judgment — ECLI:EU:T:2018:158
Date: 2018-03-20
Language of the case: Hungarian
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded;Action for annulment - inadmissible
Origin: Hungary

summary of the pleas in law on which the application is based (Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the General Court, Art. 177(1)(d)) (see para. 15) 2. 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 para. 24) 3. 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 — Meaning (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 26, 27, 42) 4. 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 28, 29, 60) 5. 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 — Figurative mark Dating Bracelet (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 53, 61, 62, 73) 6. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Overlapping of the scope of the grounds set out in Article 7(1)(b) and (c) of Regulation No 207/2009 (Council Regulation No 207/2009, Art. 7(1)(b) and (c)) (see para. 64) 7. EU trade mark — Decisions of the Office — Principle of equal treatment — Principle of sound administration — EUIPO’s previous decision-making practice — Principle of legality — Need for a strict and complete examination in each particular case (Council Regulation No 207/2009) (see paras 70, 71, 74) Re: Action brought against the decision of the Fifth Board of Appeal of EUIPO of 1 March 2017 (Case R 658/2016-5), concerning an application for registration of the figurative sign Dating Bracelet as an EU trade mark. Operative part The Court: 1. Dismisses the action; 2. Orders Webgarden Szolgáltató és Kereskedelmi Kft. to pay the costs.