Judgment;Information — ECLI:EU:T:2021:691
Date: 2021-10-13
Language of the case: English
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Malta

Judgment of the General Court (Second Chamber) of 13 October 2021 – Setarcos Consulting v EUIPO (Blockchain Island) (Case T‑523/20) (EU trade mark – Application for the EU word mark Blockchain Island – Absolute ground for refusal – No distinctive character – Article 7(1)(b) and (2) of Regulation (EU) 2017/1001) 1. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Concept – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paras 14, 15) 2. 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 – Distinctive character – Application of specific criteria for assessment – Not permissible (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paras 16, 17) 3. 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 paras 18, 20) 4. 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 – Slogan with a fantasy character (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see para. 19) 5. 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 – Perception of the trade mark by the relevant public – Attention level of the public (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paras 27, 28) 6. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Word mark Blockchain Island (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paras 29, 39, 42-44, 47-53, 55, 57, 62, 67-69) 7. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Trade mark made up of several elements – Possible for the competent authority to examine each of the elements making up the trade mark – Need to take account of the overall perception of the combination by the relevant public (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see para. 37) 8. EU trade mark – Decisions of the Office – Legality – Examination by the EU Courts – Criteria (European Parliament and Council Regulation No 2017/1001) (see para. 46) Re: Action brought against the decision of the Fifth Board of Appeal of EUIPO of 9 June 2020 (Case R 2806/2019-5), regarding an application for registration of the word sign Blockchain Island as an EU trade mark. Operative part The Court: 1. Dismisses the action; 2. Orders Setarcos Consulting ltd. to pay the costs.