Information;Judgment — ECLI:EU:T:2019:779
Date: 2019-11-07
Language of the case: English
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Judgment of the General Court (Ninth Chamber) of 7 November 2019 – A9.com v EUIPO (Representation of a bell) (Case T‑240/19) (EU trade mark — Application for an EU figurative mark representing a bell — Absolute ground for refusal — Obligation to state reasons — Article 94 of Regulation (EU) 2017/1001 — Lack of distinctive character — Article 7(1)(b) of Regulation 2017/1001) 1. EU trade mark — Procedural provisions — Statement of reasons for decisions — First sentence of Article 94(1) of Regulation No 2017/1001 — Scope identical to that of Article 296 TFEU (Art. 296 TFEU; European Parliament and Council Regulation 2017/1001, Art. 94(1), first sentence) (see para. 17) 2. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Examination of the grounds for refusal having regard to each of the products or services covered by the application for registration — Obligation to state the reasons for refusing to register — Scope (European Parliament and Council Regulation 2017/1001, Arts 7(1) and 94(1), first sentence) (see paras 18-22) 3. Acts of the institutions — Statement of reasons — Obligation — Scope — Plea based on absence or inadequacy of the statement of reasons — Plea alleging incorrectness of the statement of reasons — Distinction (Art. 296 TFEU) (see para. 23) 4. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of distinctive character — Concept — Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paras 49-51) 5. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of distinctive character — Figurative mark representing a bell (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paras 63, 70-72) 6. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of distinctive character — Recognition of the distinctiveness of the sign not subject to a finding of a certain level of creativity or linguistic or artistic imagination (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paras 64-66) 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 75-78) 8. EU trade mark — Definition and acquisition of the EU trade mark — Refusal to register based on one of the absolute grounds of refusal listed in Article 7(1) of Regulation 2017/1001 — Whether sufficient (European Parliament and Council Regulation 2017/1001, Art. 7(1)) (see para. 84) Re: Action brought against the decision of the Second Board of Appeal of EUIPO of 4 February 2019 (Case R 1309/2018-2), concerning an application for registration of a figurative sign representing a bell as an EU trade mark. Operative part The Court: 1. Dismisses the action; 2. Orders A9.com, Inc. to pay the costs.