Source: EURLEX
Language: en
Format: md

Judgment of the General Court (Second Chamber) of 31 May 2016 —

Jochen Schweizer v EUIPO (Du bist, was du erlebst.)

(Case T‑301/15)

‛EU trade mark — Application for EU word mark Du bist, was du erlebst. — Absolute ground for refusal — Mark consisting of an advertising slogan — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009’

| 1. | Procedure — Application initiating proceedings — Formal requirements — Brief summary of the pleas in law on which the application is based (Rules of Procedure of the General Court (1991), Art. 44(1)(c)) (see para. 11) |

| 2. | 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 17, 18, 35) |

| 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 — Distinctive character — Application of specific criteria for assessment — Not permissible (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 19, 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 — Slogan with a fantasy character (Council Regulation No 207/2009, Art. 7(1)(b)) (see para. 21) |

| 5. | 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 22, 30) |

| 6. | 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 carrying an objective message (Council Regulation No 207/2009, Art. 7(1)(b)) (see para. 26) |

| 7. | EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Word mark Du bist, was du erlebst. (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 39, 51, 55, 56) |

| 8. | 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) (see para. 47) |

| 9. | EU trade mark — Appeals procedure — Appeal to a Board of Appeal — Competence of the Boards of Appeal — New full examination of the merits (Council Regulation No 207/2009, Art. 64(1)) (see para. 54) |

Re:

ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 9 April 2015 (Case R 3114/2014-4) concerning an application for registration of the word sign Du bist, was du erlebst. as an EU trade mark.

Operative part

The Court:

| 1. | Dismisses the action; |

| 2. | Orders Jochen Schweizer GmbH to pay the costs. |

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