Judgment — ECLI:EU:T:2019:530
Date: 2019-07-12
Language of the case: English
Court formation: Fourth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: United Kingdom

Judgment of the General Court (Fourth Chamber) of 12 July 2019 – Miles-Bramwell Executive Services v EUIPO (FREE) (Case T‑114/18) (EU trade mark — Application for EU word mark FREE — Absolute ground for refusal — Lack of 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 composed exclusively of signs or indications capable of designating the characteristics of a product or service — Meaning (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see para. 19) 2. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Overlap of the scope of the grounds set out in Articles 7(1)(b) and 7(1)(c) of Regulation No 2017/1001 (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b) and (c)) (see paras 20, 60, 61) 3. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Separate examination of the various grounds for refusal — Interpretation of the grounds for refusal in the light of the public interest underlying each of them (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b) and (c)) (see para. 21) 4. 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 para. 22) 5. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of distinctive character — Marks consisting of advertising slogans — Laudatory promotional formula (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see para. 23) 6. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of distinctive character — Word mark FREE (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paras 25, 29-31, 45-49) 7. EU trade mark — Decisions of the Office — Legality — Examination by the EU judicature — Criteria (European Parliament and Council Regulation 2017/1001) (see para. 55) Re: Action brought against the decision of the First Board of Appeal of EUIPO of 27 November 2017 (Case R 2166/2016-1), relating to an application for registration of the word sign FREE as an EU trade mark. Operative part The Court: 1. Dismisses the action; 2. Orders Miles-Bramwell Executive Services Ltd to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO).