Judgment — ECLI:EU:T:2006:119
Date: 2006-05-03
Language of the case: German
Court formation: Third Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Word marks
Procedure: Action for annulment - unfounded;Action for annulment - inadmissible
Origin: Germany

Summary of the Judgment Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b) and (c)) The word mark EUROHYPO, registration of which is sought in respect of the services ‘financial affairs; monetary affairs; real estate affairs, financial services and financing’ in Class 36 of the Nice Agreement, is devoid of distinctive character within the meaning of Article 7(1)(b) of Regulation No 40/94 on the Community trade mark in so far as it is descriptive of those services. The average German-speaking consumer perceives the element ‘euro’, in the financial field, as the currency which is in circulation in the European Union and describes that monetary area. Moreover, in the context of financial services, the element ‘hypo’ is understood by that consumer as an abbreviation of ‘hypothek’ (mortgage). Thus each element designates, in at least one of its possible meanings, a characteristic of the financial services in question. Finally, first, EUROHYPO is a straightforward combination of two descriptive elements, which does not create an impression sufficiently far removed from that produced by the mere combination of the elements of which it is composed to amount to more than the sum of its parts. Secondly, it has not been shown that that compound word has become part of everyday language and acquired a meaning of its own. (see paras 51-52, 55, 57)