Order — ECLI:EU:T:2018:980
Date: 2018-12-11
Language of the case: German
Court formation: Seventh Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Order of the General Court (Seventh Chamber) of 11 December 2018 – Hamburg Beer Company v EUIPO (Hamburg BEER COMPANY) (Case T‑5/18) (EU trade mark — Application for EU figurative mark Hamburg BEER COMPANY — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) and (2) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (2) of Regulation (EU) 2017/1001) — Action manifestly lacking any foundation in law) 1. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Meaning — Criteria for assessment (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 16-19) 2. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Figurative mark Hamburg BEER COMPANY (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 23, 25-28, 44, 49, 56) 3. 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 paras 31, 32) 4. EU trade mark — Decisions of the Office — Legality — Examination by the EU judicature — Criteria (Council Regulation No 207/2009) (see para. 54) 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 (Council Regulation No 207/2009) (see para. 55) 6. EU trade mark — Definition and acquisition of the EU trade mark — Refusal of registration based on one of the absolute grounds for refusal set out in Article 7(1) of Regulation No 207/2009 — Whether sufficient (Council Regulation No 207/2009, Art. 7(1)) (see para. 58) Re: Action brought against the decision of the Fifth Board of Appeal of EUIPO of 6 September 2017 (Case R 436/2017-5) concerning an application for registration of the figurative sign Hamburg BEER COMPANY as an EU trade mark. Operative part 1. The action is dismissed as manifestly lacking any foundation in law. 2. Hamburg Beer Company GmbH shall pay the costs.