Judgment — ECLI:EU:T:2018:125
Date: 2018-03-08
Language of the case: Polish
Court formation: Fifth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - successful
Origin: Poland

Judgment of the General Court (Fifth Chamber) of 8 March 2018 — Cinkciarz.pl v EUIPO (€$) (Case T‑665/16) (EU trade mark — Application for EU figurative mark €$ — Absolute grounds 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) — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — Obligation to state reasons — Article 65 of Regulation No 207/2009 (now Article 72 of Regulation 2017/1001)) 1. EU trade mark — Procedural provisions — Statement of reasons for decisions —Article 75, first sentence, of Regulation No 207/2009 — Scope identical to that of Article 296 TFEU (Art. 296 TFEU; Council Regulation No 207/2009, Art. 75, first sentence) (see paras 15, 32) 2. 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 (Council Regulation No 207/2009, Arts 7(1) and 75, first sentence) (see paras 16-20) Re: Action brought against the decision of the Fifth Board of Appeal of EUIPO of 14 July 2016 (Case R 2086/2015-5), concerning an application for registration of the sign €$ as an EU trade mark. Operative part The Court: 1. Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 14 July 2016 (Case R 2086/2015-5); 2. Orders EUIPO to pay the costs.