Judgment — ECLI:EU:T:2018:609
Date: 2018-09-27
Language of the case: German
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Netherlands

Judgment of the General Court (Sixth Chamber) of 27 September 2018 – Demp v EUIPO (Combination of the colours yellow and grey) (Case T‑595/17) (EU trade mark — Application for an EU trade mark consisting of a combination of the colours yellow and grey — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001)) 1. EU trade mark — Definition and acquisition of the EU trade mark — Signs of which a trade mark may consist — Colours or combinations of colours — Condition — Distinctive character — Account to be taken of the public interest in not unduly restricting the availability of colours (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 20-24) 2. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Trade mark made up of several elements — Possible for the competent authority to examine each of the elements making up the trade mark — Scope of protection of the mark (Council Regulation No 207/2009, Art. 7(1)(b)) (see para. 32) 3. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Combination of the colours yellow and grey (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 60, 61, 64-67) Re: Action brought against the decision of the Fifth Board of Appeal of EUIPO of 10 July 2017 (Case R 1624/2016-5), concerning an application for registration, as an EU trade mark, of a colour sign consisting of a combination of the colours yellow and grey. Operative part The Court: 1. Dismisses the action; 2. Orders Demp BV to pay the costs. 2. Orders Demp BV to pay the costs.