Source: EURLEX
Language: en
Format: md

Order of the General Court (Sixth Chamber) of 7 June 2016 —

Beele Engineering v EUIPO (WE CARE)

(Case T‑222/15)

‛EU trade mark — Application for the EU figurative mark WE CARE — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009’

| 1. | EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Definition — Criteria for assessment (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 15, 16) |

| 2. | 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 17-19) |

| 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 — Slogan with a fantasy character (Council Regulation No 207/2009, Art. 7(1)(b)) (see para. 20) |

| 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 21, 22) |

| 5. | EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Figurative mark WE CARE (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 30, 33-37, 40, 42-44, 46-48) |

| 6. | EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any 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 — Scope of protection of the mark (Council Regulation No 207/2009, Art. 7(1)(b)) (see para. 32) |

| 7. | 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 para. 54) |

| 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 — Decisions by national authorities not binding on EU bodies (Council Regulation No 207/2009) (see para. 58) |

Re:

ACTION brought against the decision of the First Board of Appeal of EUIPO of 11 February 2015 (Case R 1933/2014-1), relating to an application for registration of the figurative sign WE CARE as an EU trade mark.

Operative part

| 1. | The action is dismissed. |

| 2. | Beele Engineering BV is ordered to pay the costs. |

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