Judgment;Information — ECLI:EU:T:2019:830
Date: 2019-12-03
Language of the case: English
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Sweden

Judgment of the General Court (Second Chamber) of 3 December 2019 – Hästens Sängar v EUIPO (Representation of a chequered gingham pattern) (Case T‑658/18) (EU trade mark — International registration designating the European Union — Figurative mark representing a chequered gingham pattern — Absolute grounds for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001) 1. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of distinctive character — Concept (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see para. 14) 2. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of distinctive character — Assessment of distinctive character — Criteria (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paras 15, 16) 3. 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 — Mark fulfilling a decorative or ornamental function — Irrelevant (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paras 17, 18) 4. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of distinctive character — Three-dimensional mark constituted by the shape of the product — Distinctive character — Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paras 19-22) 5. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of distinctive character — Figurative mark consisting of the two-dimensional representation of a product — Distinctive character — Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paras 23, 24) 6. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of distinctive character — Figurative mark representing a chequered gingham pattern (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paras 29, 33, 34, 36, 39, 42-45, 47, 51, 52) 7. 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. 55) 8. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Separate examination of the grounds for refusal in relation to each of the goods 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, Art. 94(1)) (see paras 56-61) Re: Action brought against the decision of the Second Board of Appeal of EUIPO of 8 August 2018 (Case R 442/2018-2) concerning the international registration designating the European Union of a figurative mark representing a chequered gingham pattern. Operative part The Court: 1. Dismisses the action; 2. Orders Hästens Sängar AB to pay the costs.