Source: EURLEX
Language: en
Format: md

Judgment of the General Court (Ninth Chamber) of 29 September 2016 — Universal Protein Supplements v EUIPO (Representation of a body builder)

(Affaire T‑335/15)

‛EU trade mark — Application for registration of an EU figurative mark representing a body-builder — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009’

| 1. | 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. 18) |

| 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 — Concept (Council Regulation No 207/2009, Art. 7(1)(c)) (see para. 19) |

| 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 — Assessment of the descriptive nature of a sign — Criteria (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 20, 21, 39) |

| 4. | EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Figurative mark representing a body builder (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 23, 24, 26, 30, 31, 33, 40, 41) |

Re:

ACTION brought against the decision of the Fifth Board of Appeal of EUIPO of 6 March 2015 (Case R 2958/2014-5) concerning an application for registration of a figurative sign representing a body-builder as an EU trade mark.

Operative part

The Court:

| 1. | Dismisses the action; |

| 2. | Orders Universal Protein Supplements Corp. to pay the costs. |

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