Source: EURLEX
Language: en
Format: md

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

(Case T‑675/16)

(EU trade mark — Application for EU word 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) — Obligation to state reasons — Article 75, first sentence, of Regulation No 207/2009 (now Article 94, first sentence, of Regulation 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—Word mark mycard2go  (Council Regulation No 207/2009, Art. 7(1)(b) and (c))  (see paras 26, 29, 37, 46, 51) |

| 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 38-40) |

| 8. | EU trade mark—Appeals procedure—Action before the EU judicature—Jurisdiction of the General Court—Direction issued to the Office @ Direction addressed to the Office—Not included  (Council Regulation No 207/2009, Art. 65(6))  (see para. 54) |

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 21 July 2016 (Case R 282/2016-4) concerning an application for registration of the word sign mycard2go as an EU trade mark.

Operative part

The Court:

| 1. | Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 21 July 2016 (Case R 282/2016-4); |

| 2. | Dismisses the remainder of the application; |

| 3. | Orders EUIPO to bear its own costs and to pay those incurred by the applicant, including the costs necessarily incurred for the purposes of the appeal proceedings before EUIPO. |

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