Judgment — ECLI:EU:T:2018:827
Date: 2018-11-22
Language of the case: English
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Austria

Judgment of the General Court (Ninth Chamber) of 22 November 2018 – Addiko Bank v EUIPO (STRAIGHTFORWARD BANKING) (Case T‑9/18) (EU trade mark — Application for the EU work mark STRAIGHTFORWARD BANKING — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001) 1. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service — Aim — Need to preserve availability (European Parliament and Council Regulation No 2017/1001, Art. 7(1)(c)) (see para. 14) 2. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service — Meaning (European Parliament and Council Regulation No 2017/1001, Art. 7(1)(c)) (see paras 15-17) 3. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service — Criteria (European Parliament and Council Regulation No 2017/1001, Art. 7(1)(c)) (see para. 18) 4. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service — Word mark STRAIGHTFORWARD BANKING (European Parliament and Council Regulation No 2017/1001, Art. 7(1)(c)) (see paras 20-22, 24-28) 5. EU trade mark — Decisions of the Office — Principle of equal treatment — Principle of sound administration — EUIPO’s previous decision-making practice — Principle of legality — Need for a strict and complete examination in each particular case (European Parliament and Council Regulation No 2017/1001) (see para. 31) Re: Action brought against the decision of the Second Board of Appeal of EUIPO of 25 October 2017 (Case R 1090/2017-2), relating to an application for registration of the word sign STRAIGHTFORWARD BANKING as an EU trade mark. Operative part The Court: 1. Dismisses the action; 2. Orders Addiko Bank AG to pay the costs.