Judgment of the General Court (Tenth Chamber) of 12 May 2021 –

Bavaria Weed v EUIPO (BavariaWeed)

(Case T‑178/20)

(EU trade mark – Application for the EU figurative mark BavariaWeed – Absolute ground for refusal – Trade mark contrary to public policy – Article 7(1)(f) of Regulation (EU) 2017/1001 – Article 7(2) of Regulation 2017/1001)

1. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Trade marks which are contrary to public policy or to accepted principles of morality – Examination by reference to the perception of the sign by the relevant public (European Parliament and Council Regulation 2017/1001, Art. 7(1)(f) and (2)) (see paras 13-17)

2. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Trade marks which are contrary to public policy or to accepted principles of morality – Taking into account particular circumstances of individual Member States which are likely to influence the perception of the relevant public within those States (European Parliament and Council Regulation 2017/1001, Art. 7(1)(f) and (2)) (see paras 18, 19)

3. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Trade marks which are contrary to public policy or to accepted principles of morality – Contrary to public policy – Criteria for assessment – Examination by reference to the perception of the sign by the relevant public (European Parliament and Council Regulation 2017/1001, Art. 7(1)(f)) (see paras 26, 35)

4. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Trade marks which are contrary to public policy or to accepted principles of morality – Figurative mark BavariaWeed (European Parliament and Council Regulation 2017/1001, Art. 7(1)(f) and (2)) (see paras 33, 36, 43-45)

5. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Trade marks which are contrary to public policy or to accepted principles of morality – Public policy – Concept (European Parliament and Council Regulation 2017/1001, Art. 7(1)(f) and (2)) (see paras 40, 41, 55)

6. EU trade mark – Appeals procedure – Action before the EU judicature – Jurisdiction of the General Court – Re-evaluation of the facts in the light of evidence produced for the first time before it – Not included (European Parliament and Council Regulation 2017/1001, Art. 72) (see para. 51)

7. EU trade mark – Decisions of the Office – Legality – Examination by the EU judicature – Criteria (European Parliament and Council Regulation 2017/1001) (see para. 59)

8. 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. 62)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 22 January 2020 (Case R 1458/2019-5), relating to an application for registration of the figurative sign BavariaWeed as an EU trade mark.

Operative part

The Court:

1. Dismisses the action;