Judgment — ECLI:EU:T:2018:340
Date: 2018-06-12
Language of the case: English
Court formation: First Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Hungary

Judgment of the General Court (First Chamber) of 12 June 2018 – Fenyves v EUIPO (Blue) (Case T‑375/17) (EU trade mark — Application for the EU figurative mark Blue — Absolute ground for refusal — Descriptive character — No distinctive character — Article 7(1)(c) and (2) of Regulation (EC) No 207/2009 (now Article 7(1)(c) and (2) of Regulation (EU) 2017/1001) — Article 7(1)(b) of Regulation No 207/2009 (now Article 7(1)(b) of Regulation 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 — Meaning (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 14, 15, 28) 2. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods or services — Aim — Need to preserve availability (Council Regulation No 207/2009, Art. 7(1)(c)) (see para. 22) 3. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods or services — Figurative mark Blue (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 33, 37, 42, 43, 46) 4. EU trade mark — Decisions of the Office — Principle of equal treatment — Principle of sound administration — EUIPO’s previous decision-making practice — Principle of legality (Council Regulation No 207/2009) (see paras 39-41) Re: Action brought against the decision of the Fifth Board of Appeal of EUIPO of 27 March 2017 (Case R 1974/2016-5), relating to an application for registration of the figurative sign Blue as an EU trade mark. Operative part The Court: 1. Dismisses the action; 2. Orders Ms Klaudia Patricia Fenyves to pay the costs.