Judgment of the General Court (Seventh Chamber) of 13 July 2017 — Ecolab USA v EUIPO (ECOLAB)

(Case T‑150/16)

(EU trade mark — International registration designating the European Union — Word mark ECOLAB — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Equal treatment — Obligation to state reasons — Article 75 of Regulation No 207/2009)

1. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service — Aim — Need to preserve availability (Council Regulation No 207/2009, Art. 7(1)(c)) (see para. 23)

2. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service — Concept (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 24, 25)

3. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service — Assessment of the descriptive nature of a sign — Criteria (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 26-28)

4. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service — Word mark ECOLAB (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 31, 34, 40, 44)

5. 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 (Council Regulation No 207/2009) (see para. 43)

6. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Trade marks which are devoid of distinctive character, descriptive or commonplace — Exception — Distinctive character acquired through use — Criteria for assessment (Council Regulation No 207/2009, Art. 7(3)) (see paras 50-52)

7. EU trade mark — Decisions of the Office — Legality — EUIPO’s previous decision-making practice (Council Regulation No 207/2009) (see para. 57)

8. 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 paras 58, 61)

9. EU trade mark — Procedural provisions — Statement of reasons for decisions — Article 75, first sentence, of Regulation No 207/2009 — Scope identical to that of Article 296 TFEU (Art. 296 TFEU; Council Regulation No 207/2009, Art. 75, first sentence) (see paras 65, 66, 70)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 26 January 2016 (Case R 644/2015-4) relating to the international registration designating the European Union in respect of the word mark ECOLAB.

Operative part

The Court:

1. Dismisses the action;