Judgment — ECLI:EU:T:2019:326
Date: 2019-05-14
Language of the case: Greek
Court formation: Third Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Greece

Judgment of the General Court (Third Chamber) of 14 May 2019 — Eurolamp v EUIPO (EUROLAMP pioneers in new technology) (Case T‑466/18) (EU trade mark — Application for EU figurative mark EUROLAMP pioneers in new technology — Absolute ground for refusal — No distinctive character — Mark consisting of an advertising slogan — Article 7(1)(b) of Regulation (EU) 2017/1001) 1. EU trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Direction issued to the Office — Not included (European Parliament and Council Regulation 2017/1001, Art. 72(6)) (see para. 12) 2. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of distinctive character — Assessment of distinctive character — Criteria (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paras 16-19) 3. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of distinctive character — Marks consisting of advertising slogans — Distinctive character — Application of specific criteria for assessment — Not permissible (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see para. 20) 4. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of distinctive character — Marks consisting of advertising slogans — Slogan conveying an objective message (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see para. 21) 5. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of distinctive character — Trade mark made up of several elements — Possible for the competent authority to examine each of the elements making up the trade mark — Need to take account of the overall perception of the combination by the relevant public (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see para. 32) 6. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of distinctive character — Figurative mark EUROLAMP pioneers in new technology (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b) and (3)) (see paras 44, 56, 57, 67, 68) 7. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of distinctive character — Exception — Distinctive character acquired through use — Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b) and (3)) (see paras 50-54) Re Action brought against the decision of the First Board of Appeal of EUIPO of 23 May 2018 (Case R 1359/2017-1), concerning an application for registration of the figurative sign EUROLAMP pioneers in new technology as an EU trade mark. Operative part The Court: 1. Dismisses the action; 2. Orders Eurolamp AVEE Eisagogis kai Emporias Lamptiron to pay the costs.