Judgment of the General Court (Seventh Chamber) of 20 September 2019 –

Multifit v EUIPO (real nature)

(Case T‑458/18)

(EU trade mark — Application for EU word mark real nature — Absolute grounds for refusal — Descriptive character — No distinctive character — Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)

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 (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see para. 15)

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 (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paras 16-18)

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 — Word mark real nature (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paras 21, 22, 28, 29, 32-34)

4. EU trade mark — Definition and acquisition of the EU trade mark — Refusal to register based on one of the absolute grounds of refusal listed in Article 7(1) of Regulation 2017/1001 — Whether sufficient (European Parliament and Council Regulation 2017/1001, Art. 7(1)) (see para. 37)

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 (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paras 41-45)

6. 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 46, 51)

7. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of distinctive character — Word mark real nature (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paras 49, 50, 52)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 28 May 2018 (Case R 2650/2017-2), relating to an application for registration of the word sign real nature as an EU trade mark.

Operative part

The Court:

1. Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 28 May 2018 (Case R 2650/2017-2), in so far as registration as an EU trade mark of the word sign real nature was refused for the services ‘advertising; marketing services; organisational and business advice for franchise concepts; providing of business knowhow (franchising)’, in Class 35 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended;

2. Dismisses the action as to the remainder;