Judgment — ECLI:EU:T:2018:229
Date: 2018-04-26
Language of the case: German
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (Ninth Chamber) of 26 April 2018 – Pfalzmarkt für Obst und Gemüse v EUIPO (100% Pfalz) (Case T‑220/17) (European Union trade mark — Application for EU figurative mark 100% Pfalz — Absolute ground for refusal — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — Obligation to state reasons — Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001)) 1. EU trade mark — Procedural provisions — Statement of reasons for decisions — Scope (Council Regulation No 207/2009, Art. 75, first sentence) (see para. 13) 2. 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 — Aim — Need to preserve availability (Council Regulation No 207/2009, Art. 7(1)(c)) (see para. 20) 3. 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 (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 21, 22, 24) 4. 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 — Assessment of the descriptive nature of a sign — Geographical names (Council Regulation No 207/2009, Art. 7(1)(c)) (see para. 23) 5. 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 — Criteria (Council Regulation No 207/2009, Art. 7(1)(c)) (see para. 29) 6. 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 — Figurative mark 100% Pfalz (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 30, 31, 36) Re: Action brought against the decision of the First Board of Appeal of EUIPO of 7 February 2017 (Case R 1549/2016-1) concerning an application for registration of the figurative sign 100% Pfalz as an EU trade mark. Operative part The Court: 1. Dismisses the action; 2. Orders Pfalzmarkt für Obst und Gemüse eG to pay the costs.