Source: EURLEX
Language: en
Format: md

Order of the General Court (Ninth Chamber) of 25 May 2016 —

Stagecoach Group v EUIPO (MEGABUS.COM)

(Case T‑805/14)

‛European Union trade mark — Application for a European Union word mark MEGABUS.COM — Absolute grounds for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Descriptive character — Article 7(1)(c) of Regulation No 207/2009 — Article 7(3) of Regulation No 207/2009 — Article 75 of Regulation No 207/2009 — Action manifestly inadmissible and manifestly lacking any foundation in law’

| 1. | EU trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Direction addressed to the Office — Not included (Council Regulation No 207/2009, Art. 65(6)) (see para. 14) |

| 2. | Judicial proceedings — Application initiating proceedings — Formal requirements — Identification of the subject-matter of the dispute — Brief summary of the pleas in law on which the application is based — General reference to documents annexed to the application — Inadmissibility (Rules of Procedure of the General Court (1991), Art. 44(1)(c)) (see paras 16, 17) |

| 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 — Word mark MEGABUS.COM (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 30-33) |

| 4. | 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 paras 26, 27) |

| 5. | 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 — Neologism consisting of elements descriptive of characteristics of the goods or services concerned — Whether included where the nature of the combination is not unusual (Council Regulation No 207/2009, Art. 7(1)(c)) (see para. 28) |

| 6. | 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 para. 29) |

Re:

ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 7 October 2014 (Case R 1894/2013-4) concerning an application for registration of the word sign MEGABUS.COM as a European Union trade mark.

Operative part

| 1. | The action is dismissed as being in part manifestly inadmissible and in part manifestly lacking any foundation in law; |

| 2. | Stagecoach Group plc is ordered to pay the costs. |

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