Source: EURLEX
Language: en
Format: md

Judgment of the General Court (Second Chamber) of 14 June 2016 —

Loops v EUIPO (Shape of a toothbrush)

(Case T‑385/15)

‛EU trade mark — International registration designating the European Union — Three-dimensional mark — Shape of a toothbrush — Absolute ground for refusal — Lack of 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 — Concept — Criteria for assessment (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 13-15) |

| 2. | EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Three-dimensional trade marks consisting of the shape of the product itself — Distinctive character — Criteria for assessment — Shape at issue being a ‘variant’ of the normal shapes of the type of products concerned — Fact not sufficient to establish distinctiveness of the mark (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 16-19) |

| 3. | EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Three-dimensional mark consisting of the shape of a toothbrush (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 28, 29) |

| 4. | 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 32-34) |

| 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 (Council Regulation No 207/2009) (see para. 35) |

Re:

ACTION brought against the decision of the Second Board of Appeal of EUIPO of 30 April 2015 (Case R 1917/2014-2), concerning an application for registration of a three-dimensional sign consisting of the shape of a toothbrush as an EU trade mark.

Operative part

The Court:

| 1. | Dismisses the action; |

| 2. | Orders Loops, LLC, to pay the costs. |

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