Judgment — ECLI:EU:T:2016:289
Date: 2016-05-12
Language of the case: German
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (Sixth Chamber) of 12 May 2016 — GRE v EUIPO (Mark1) (Case T‑844/14) EU trade mark — Application for EU figurative mark Mark1 — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 1. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Assessment of distinctive character — Criteria (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 20-25) 2. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Marks constituted of advertising slogans — Distinctive character — Application of specific criteria for assessment — Not permissible (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 26, 30) 3. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Marks constituted of advertising slogans — Flattering promotional formula (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 28, 29) 4. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Marks constituted of advertising slogans — Flattering promotional formula — Word mark Mark1 (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 36-40) 5. 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 (see paras 42-46) Re: ACTION brought against the decision of the First Board of Appeal of EUIPO of 2 October 2014 (Case R 648/2014-1) concerning an application for registration of the figurative sign Mark1 as an EU trade mark. Operative part The Court: 1. Dismisses the action; 2. Orders GRE Grand River Enterprises Deutschland GmbH to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO).