Order — ECLI:EU:T:2016:336
Date: 2016-05-25
Language of the case: English
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded;Action for annulment - inadmissible
Origin: United Kingdom

summary of the pleas in law on which the application is based — General reference to documents annexed to the application — Inadmissibility (Rules of Procedure of the General Court (1991), Art. 44(1)(c)) (see paras 16, 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 — Word mark MEGABUS.COM (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 30-33) 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 — Concept (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 26, 27) 5. 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 — Concept — Neologism consisting of elements descriptive of characteristics of the goods or services concerned — Whether included where the nature of the combination is not unusual (Council Regulation No 207/2009, Art. 7(1)(c)) (see para. 28) 6. 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 — Assessment of the descriptive nature of a sign — Criteria (Council Regulation No 207/2009, Art. 7(1)(c)) (see para. 29) Re: ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 7 October 2014 (Case R 1894/2013-4) concerning an application for registration of the word sign MEGABUS.COM as a European Union trade mark. Operative part 1. The action is dismissed as being in part manifestly inadmissible and in part manifestly lacking any foundation in law; 2. Stagecoach Group plc is ordered to pay the costs.