Order — ECLI:EU:C:2004:393
Date: 2004-06-28
Language of the case: English
Court formation: Fifth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: General
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible
Origin: Belgium

Summary of the Order Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Trade marks devoid of any distinctive character – Various categories of trade mark – Distinctive character – Assessment by the same criteria – Relevant public’s perception – Perception may differ (Council Regulation No 40/94, Art. 7(1)(b)) Whilst the criteria for assessing distinctiveness within the meaning of Article 7(1)(b) of Regulation No 40/94 on the Community trade mark are the same for the various categories of trade mark, it may become apparent, when applying those criteria, that the relevant public’s perception is not necessarily the same in relation to each of those categories and that, therefore, it may prove more difficult to establish the distinctiveness of the marks in certain categories than of those in other categories. (see para. 23)