Judgment;Information — ECLI:EU:T:2020:200
Date: 2020-05-13
Language of the case: German
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (Ninth Chamber) of 13 May 2020 – Koenig & Bauer v EUIPO (we’re on it) (Case T‑156/19) (EU trade mark — Application for EU word mark we’re on it — Absolute grounds for refusal — No distinctive character — Trade mark consisting of an advertising slogan — Article 7(1)(b) of Regulation (EU) 2017/1001 — Obligation to state reasons — Article 94 of Regulation 2017/1001) 1. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of distinctive character — Definition (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paras 24, 25) 2. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of distinctive character — Marks consisting of advertising slogans — Distinctive character — Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paras 27-30) 3. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of distinctive character — Word mark we’re on it (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paras 37-43, 45) 4. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Separate examination of the grounds for refusal in relation to each of the goods or services covered by the application for registration — Obligation to state the reasons for refusing to register — Scope (European Parliament and Council Regulation 2017/1001, Arts 7(1) and 94(1), first sentence) (see paras 52-54, 60-63, 68) 5. EU trade mark — Procedural provisions — Examination of the facts of the EUIPO’s own motion — Registration of a new trade mark — Absolute grounds for refusal — Burden of proof (European Parliament and Council Regulation 2017/1001, Arts 7(1) and 95(1)) (see para. 77) Re: Action brought against the decision of the First Board of Appeal of EUIPO of 16 January 2019 (Case R 1027/2018-1), relating to an application for registration of the word sign we’re on it : as an EU trade mark. Operative part The Court: 1. Dismisses the action; 2. Orders Koenig & Bauer AG to pay the costs.