Judgment — ECLI:EU:T:2003:318
Date: 2003-11-27
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Marks devoid of any distinctive character
Procedure: Action for annulment - unfounded
Origin: Belgium

Summary of the Judgment 
Community trade mark — Definition and acquisition of the Community trade mark — 
Absolute grounds for refusal — Trade marks which consist exclusively of signs or 
indications which may serve to designate the characteristics of a product — 'Quick' 
(Council Regulation No 40/94, Art. 7(1)(c)) 
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SUMMARY — CASE T-348/02 
The word Quick, for which registration 
was sought for foodstuffs, pre-prepared 
dishes, coffee, tea, cocoa and artificial 
coffee in Classes 29 to 31 of the Nice 
Agreement, cannot constitute a Commu­
nity trade mark. 
The link between the word and the prod­
ucts concerned appears sufficiently close to 
be caught by the prohibition laid down in 
Article 7(1)(c) of Regulation No 40/94 on 
the Community trade mark, inasmuch as 
the word 'quick' immediately suggests to 
an English-speaking consumer in the Com­
munity that the products are ones which 
can be prepared and served quickly. 
(see paras 32, 35-36) 
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