Information;Judgment — ECLI:EU:T:2020:314
Date: 2020-07-08
Language of the case: German
Court formation: Third Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

summary of the pleas in law on which the application is based (Statute of the Court of Justice, Arts 21, first para. and 53, first para.; Rules of Procedure of the General Court, Art. 177(1)(d)) (see paras 11, 12) 2. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Separate examination of the various grounds for refusal (European Parliament and Council Regulation 2017/1001, Art. 7(1)) (see para. 13) 3. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Meaning – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see para. 23) 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 – Distinctive character – Application of specific criteria for assessment – Not permissible (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paras 24, 25) 5. 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 – Laudatory promotional formula (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paras 26, 27) 6. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Word mark Favorit (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paras 30-32, 46) 7. EU trade mark – Definition and acquisition of the EU trade mark – Assessment of the registrability of a sign – EU rules only taken into account – Decisions of national authorities not binding EU bodies (European Parliament and Council Regulation 2017/1001) (see para. 39) 8. EU trade mark – Definition and acquisition of the EU trade mark – Refusal of registration based on one of the absolute grounds for refusal set out in Article 7(1) of Regulation 2017/1001 – Whether sufficient (European Parliament and Council Regulation 2017/1001, Art. 7(1)) (see para. 45) Re: Action brought against the decision of the Second Board of Appeal of EUIPO of 18 September 2019 (Case R 985/2019-2) relating to the application for registration of the word sign Favorit as an EU trade mark. Operative part The Court: 1. Dismisses the action; 2. Orders Dinamo GmbH to pay the costs.