Judgment — ECLI:EU:T:2006:296
Date: 2006-10-10
Language of the case: German
Court formation: Second Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Word marks;General
Procedure: Action for annulment - unfounded
Origin: Germany

Summary of the Judgment 1. Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Separate examination of the various grounds for refusal (Council Regulation No 40/94, Art. 7(1)) 2. Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) 1. Each of the grounds for refusal to register listed in Article 7(1) of Regulation No 40/94 on the Community trade mark is independent of the others and requires separate examination. Moreover, it is necessary to interpret those grounds for refusal in the light of the general interest which underlies each of them. The general interest to be taken into consideration when examining each of those grounds for refusal may, or even must, reflect different considerations, depending on the ground for refusal in question. However, there is a clear overlap in scope between the grounds for refusal set out in subparagraphs (b) to (d) of that provision. In particular, a word mark which is descriptive of the characteristics of goods or services for the purposes of Article 7(1)(c) of Regulation No 40/94 is, on that account, necessarily devoid of any distinctive character in relation to those goods or services within the meaning of Article 7(1)(b) of the same regulation. (see paras 33-34) 2. The word mark map&guide, for which registration is sought under ‘computer software’ and ‘computer programming’ in Classes 9 and 42 respectively of the Nice Agreement is devoid of distinctive character in relation to the goods concerned within the meaning of Article 7(1)(b) of Regulation No 40/94 on the Community trade mark since, for the average consumer from the English-speaking general public, the sign is descriptive of the goods and services covered by the application for registration. In the English‑speaking zone of the Community, the sign may serve to designate computer software and computer programming services the function of which is to provide (city) maps and (travel) guides. It follows that the semantic content of the sign map&guide enables the relevant public to establish immediately, and without reflection, a specific and direct relationship with the computer software and the computer programming services for computers providing the function of (city) maps and (travel) guides. (see paras 47, 51)