Source: EURLEX
Language: en
Format: md

Judgment of the General Court (Seventh Chamber) of 18 January 2018 –  
LG Electronics v EUIPO (Dual Edge)

(Case T‑804/16)

(European Union trade mark — Application for EU word mark Dual Edge — Absolute ground for refusal — Descriptive — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU 2017/1001))

| 1. | Judicial proceedings—Application initiating proceedings—Formal requirements—Brief summary of the pleas in law on which the application is based—Pleas in law not set out in the application—General reference to other documents—Inadmissibility  (Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the General Court, Art. 177(1)(d))  (see para. 9) |

| 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—Aim—Need to preserve availability  (Council Regulation No 207/2009, Art. 7(1)(c))  (see para. 16) |

| 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—Meaning  (Council Regulation No 207/2009, Art. 7(1)(c))  (see paras 17-20) |

| 4. | EU trade mark—Definition and acquisition of the EU trade mark—Absolute grounds for refusal—Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods—Word mark composed of several elements—Account taken of the overall perception of the combination by the relevant public  (Council Regulation No 207/2009, Art. 7(1)(c))  (see para. 26) |

| 5. | 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 Dual Edge  (Council Regulation No 207/2009, Art. 7(1)(c))  (see paras 27-40) |

| 6. | 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  (see paras 41, 42) |

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 2 September 2016 (Case R 832/2016-2) concerning an application for registration of the word sign Dual Edge as a European Union trade mark.

Operative part

The Court:

| 1. | Dismisses the action; |

| 2. | Orders LG Electronics, Inc. to pay the costs. |

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