Judgment — ECLI:EU:T:2017:433
Date: 2017-06-27
Language of the case: English
Court formation: Fourth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Spain

Judgment of the General Court (Fourth Chamber) of 27 June 2017 — Flamagas v EUIPO — MatMind (CLIPPER) (Case T‑580/15) (EU trade mark — Invalidity proceedings — Three-dimensional EU trade mark — Shape of a lighter with a lateral fin, featuring the word element CLIPPER — Shape necessary to obtain a technical result — No distinctive character — Article 7(1)(b) and (e)(ii) of Regulation (EC) No 207/2009 — No description of the mark in the application for registration) 1. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Signs which consist exclusively of the shape of goods which is necessary to obtain a technical result — Concept — Interpretation in the light of the public interest underlying each of them (Council Regulation No 207/2009, Arts 7(1)(e)(ii), and 52(1)(a)) (see paras 21-23) 2. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Signs which consist exclusively of the shape of goods which is necessary to obtain a technical result — Concept — Existence of other shapes allowing the same technical result to be obtained — Not relevant to the ground for refusal (Council Regulation No 207/2009, Arts 7(1)(e)(ii), and 52(1)(a)) (see paras 24, 59) 3. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Signs which consist exclusively of the shape of goods which is necessary to obtain a technical result — Identification of the essential characteristics of a three-dimensional sign (Council Regulation No 207/2009, Arts 7(1)(e)(ii), and 52(1)(a)) (see paras 25-27) 4. EU trade mark — Surrender, revocation and invalidity — Absolute grounds for invalidity — Registration contrary to Article 7(1)(e)(ii) of Regulation No 207/2009 — Shape of a lighter with a lateral fin, featuring the word element CLIPPER (Council Regulation No 207/2009, Arts 7(1)(e)(ii), and 52(1)(a)) (see paras 37-40, 49, 51-53, 61) 5. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Three-dimensional trade marks consisting of the shape of the product itself — Distinctive character — Criteria for assessment (Council Regulation No 207/2009, Arts 7(1)(b), and 52(1)(a)) (see paras 68-70) 6. EU trade mark — Surrender, revocation and invalidity — Absolute grounds for invalidity — Registration contrary to Article 7(1)(b) of Regulation No 207/2009 — Exception — Distinctive character acquired through use — Criteria for assessment (Council Regulation No 207/2009, Arts 7(1)(b), and (3), and 52(2)) (see para. 83) Re: ACTION brought against the decision of the First Board of Appeal of EUIPO of 30 July 2015 (Case R 924/2013-1) relating to invalidity proceedings between MatMind and Flamagas. Operative part The Court: 1. Dismisses the action; 2. Orders Flamagas, SA to pay the costs.