Source: EURLEX
Language: en
Format: md

Judgment of the General Court (Fourth Chamber) of 15 May 2018 –  
Wirecard v EUIPO (mycard2go)

(Case T‑860/16)

(EU trade mark — Application for EU figurative mark mycard2go — Absolute ground for refusal — Descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001))

| 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. 13) |

| 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—Meaning  (Council Regulation No 207/2009, Art. 7(1)(c))  (see paras 14-17) |

| 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—Meaning—Mark composed of a word or neologism resulting from a combination of elements  (Council Regulation No 207/2009, Art. 7(1)(c))  (see paras 18, 19) |

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

| 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—Marks devoid of any distinctive character—Figurative mark mycard2go  (Council Regulation No 207/2009, Art. 7(1)(b) and (c))  (see paras 26, 29, 37, 46, 50) |

| 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—Perception of the sign by the relevant public  (Council Regulation No 207/2009, Art. 7(1)(c))  (see para. 28) |

| 7. | 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, Arts 7(1) and 75, first sentence)  (see paras 38, 39) |

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 3 October 2016 (Case R 281/2016-4) concerning an application for registration of the figurative sign mycard2go as an EU trade mark.

Operative part

The Court:

| 1. | Dismisses the action; |

| 2. | Orders Wirecard AG to pay the costs. |

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