Source: EURLEX
Language: en
Format: md

Judgment of the General Court (First Chamber) of 20 July 2016 — Reisenthel v EUIPO (keep it easy)

(Case T‑308/15)

‛EU trade mark — Application for word mark keep it easy — 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 — Assessment of distinctive character — Criteria (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 14, 15) |

| 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 16, 17) |

| 3. | EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Word mark keep it easy (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 18, 29, 31, 32) |

| 4. | EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — 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)(b)) (see para. 23) |

Re:

ACTION brought against the decision of the Fifth Board of Appeal of EUIPO of 26 March 2015 (Case R 2659/2014-5), concerning an application for registration of the word sign keep it easy as an EU trade mark.

Operative part

The Court:

| 1. | Dismisses the action; |

| 2. | Orders Mr Peter Reisenthel to pay the costs. |

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