Order — ECLI:EU:T:2018:182
Date: 2018-04-12
Language of the case: German
Court formation: Seventh Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

summary of the pleas in law on which the application is based — Application not sufficiently clear and precise — Inadmissibility (Statute of the Court of Justice, Arts 21, first para. and 53, first para.; Rules of Procedure of the General Court, Art. 177(1)(d)) (see paras 12, 13) 2. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Meaning — Criteria for assessment (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 — 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 23, 24) 4. 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 — Flattering promotional formula (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 25, 26, 28) 5. 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 — Slogan carrying an objective message (Council Regulation No 207/2009, Art. 7(1)(b)) (see para. 27) 6. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Figurative mark Лидер (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 31-37, 39, 40, 43) Re: Action brought against the decision of the First Board of Appeal of EUIPO of 28 April 2017 (Case R 2066/2016-1), concerning an application for registration of the figurative sign Лидер as an EU trade mark. Operative part 1. The action is dismissed. 2. Lackmann Fleisch- und Feinkostfabrik GmbH shall pay the costs.