Judgment;Information — ECLI:EU:T:2019:849
Date: 2019-12-12
Language of the case: English
Court formation: Seventh Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Bulgaria

Judgment of the General Court (Seventh Chamber) of 12 December 2019 – Refan Bulgaria v EUIPO (Shape of a flower) (Case T‑747/18) (EU trade mark — Application for a three-dimensional EU trade mark — Shape of a flower — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EU) 2017/1001 — Rights of the defence — Obligation to state reasons) 1. EU trade mark — Appeals procedure — Decision on the appeal — Observance of the rights of the defence — Scope of the principle (European Parliament and Council Regulation 2017/1001, Arts 70(2) and 94(1)) (see para 24, 25) 2. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Examination of the grounds for refusal having regard to each of the products 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, Arts 7(1) and 94(1), first sentence) (see paras 40-44) 3. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods — Three-dimensional mark — Shape of a flower (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see para. 67, 68, 72, 73) 4. EU trade mark — Definition and acquisition of the EU trade mark — Assessment of the registrability of a sign — EU rules only taken into account — Earlier registration of the mark in certain Member States or third countries — Decisions not binding EU bodies (European Parliament and Council Regulation 2017/1001) (see para. 79) Re: Action brought against the decision of the First Board of Appeal of EUIPO of 6 September 2018 (Case R 2518/2017-1), regarding an application for registration of a three-dimensional sign consisting of the shape of a flower as an EU trade mark. Operative part The Court: 1. Dismisses the action; 2. Orders Refan Bulgaria OOD to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO).