Source: EURLEX
Language: en
Format: md

Case T‑529/15

Intesa Sanpaolo SpA

v

European Union Intellectual Property Office

(EU trade mark — Application for EU figurative mark START UP INITIATIVE — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Council Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009)

Summary — Judgment of the General Court (First Chamber), 15 December 2016

1. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Separate examination of the grounds for refusal in relation to each of the goods or services covered by the application for registration — Obligation to state the reasons for refusing to register — Scope

   (Council Regulation No 207/2009, Art. 75, first sentence)
2. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Assessment of distinctive character — Criteria

   (Council Regulation No 207/2009, Art. 7(1)(b))
3. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Figurative mark START UP INITIATIVE

   (Council Regulation No 207/2009, Art. 7(1)(b))

1. An examination of the grounds for refusal must be carried out in relation to each of the goods or services for which trade mark registration is sought. Where the same ground of refusal is given for a category or group of goods or services, the reasoning may be general for all of the goods or services concerned. However, such a power extends only to goods and services which are interlinked in a sufficiently direct and specific way, to the point where they form a sufficiently homogeneous category or group of goods or services. The mere fact that the goods or services concerned are within the same class of the Nice Agreement is not sufficient for a finding that such homogeneity exists, as those classes often contain a large variety of goods and services which are not necessarily interlinked in a sufficiently direct and specific way. Homogeneity of the goods or services is assessed with regard to the actual ground of refusal given in respect of the mark in question and it is possible to use general reasoning for a series of goods or services which have a sufficiently direct and specific link to each other to the extent that they form such a sufficiently homogenous category as to enable all the factual and legal considerations constituting the grounds of the decision in question to explain adequately the reasoning followed for each of the goods and services belonging to that category and to be applied without distinction to each of the goods or services concerned.

   (see paras 15-18)
2. See the text of the decision.

   (see paras 49-51)
3. See the text of the decision.

   (see paras 52-68)

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