Information;Judgment — ECLI:EU:T:2020:33
Date: 2020-02-05
Language of the case: French
Court formation: Eighth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: France

Judgment of the General Court (Eighth Chamber) of 5 February 2020 – Pierre Balmain v EUIPO (Representation of a lion’s head encircled by rings forming a chain) (Case T‑331/19) (EU trade mark — Application for an EU figurative mark representing a lion’s head encircled by rings forming a chain — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001) 1. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of distinctive character — Definition — Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paras 17-19) 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 para. 20) 3. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of distinctive character — Three-dimensional mark constituted by the shape of the product — Distinctive character — Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paras 21-24) 4. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of distinctive character — Figurative mark consisting of the two-dimensional representation of a product — Distinctive character — Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see para. 25) 5. 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 — Perception of the trade mark by the relevant public — Attention level of the public (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paras 30, 31) 6. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of distinctive character — Figurative mark representing a lion’s head encircled by rings forming a chain (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paras 33, 38, 40, 44, 56-58) 7. 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 2017/1001) (see paras 52-55) Re: Action brought against the decision of the Fifth Board of Appeal of EUIPO of 21 March 2019 (Case R 1223/2018-5), concerning an application for registration of a figurative sign representing a lion’s head encircled by rings forming a chain as an EU trade mark. Operative part The Court: 1. Dismisses the action; 2. Orders Pierre Balmain to pay the costs.