Judgment — ECLI:EU:T:2018:149
Date: 2018-03-15
Language of the case: German
Court formation: First Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (First Chamber) of 15 March 2018 — Hermann Bock v EUIPO (Push and Ready) (Case T‑279/17) (EU trade mark — Application for EU figurative mark Push and Ready — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now 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 any distinctive character — Assessment of distinctive character — Criteria (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 17- 20, 27, 35) 2. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Marks constituted of advertising slogans — Distinctive character — Application of specific criteria for assessment — Not permissible (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 21, 22) 3. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Figurative mark Push and Ready (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 32, 36-39, 44, 45) 4. EU trade mark — Decisions of the Office — Principle of equal treatment — Principle of sound administration — EUIPO’s previous decision-making practice — Principle of legality — Need for a strict and complete examination in each particular case (Council Regulation No 207/2009) (see para. 40) Re: Action brought against the decision of the Fifth Board of Appeal of EUIPO of 23 January 2017 (Case R 1279/2016-5) concerning an application for registration of the figurative sign Push and Ready as an EU trade mark. Operative part The Court: 1. Dismisses the action; 2. Orders Hermann Bock GmbH to pay the costs.