Judgment — ECLI:EU:T:2003:315
Date: 2003-11-26
Language of the case: German
Court formation: Fourth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Word marks
Procedure: Action for annulment - unfounded
Origin: Austria

Summary of the Judgment 
Community trade mark — Definition and acquisition of the Community trade mark — 
Absolute grounds for refusal — Marks composed exclusively of signs or indications 
which may serve to designate the characteristics of a product — Word sign 'ROBOT-
UNITS' 
(Council Regulation No 40/94, Art. 7(1)(c)) 
II - 4995 
SUMMARY — CASE T-222/02 
The word sign ROBOTUNITS may serve, 
within the meaning of Article 7(1)(c) of 
Regulation No 40/94 on the Community 
trade mark, from the point of view of a 
specialised English-speaking public, to des­
ignate essential characteristics of the goods 
referred to, registration of which is sought 
in respect of goods in Classes 6, 7 and 9 of 
the Nice Agreement and including, in 
particular, components of machines or 
assembled machines which may operate 
automatically or be programmed. 
There is a sufficiently direct and concrete 
connection between that sign and the goods 
covered by the application from the point 
of view of the target public given that the 
sign taken as a whole may serve to 
designate one of the possible intended 
purposes of all those goods. Furthermore, 
the fact that this sign includes the word 
'robot' must be regarded as designating one 
intended purpose of those goods which the 
target public is liable to take into account 
when making a choice and accordingly 
constitutes an essential characteristic 
thereof. 
(see paras 44, 48) 
II - 4996