Source: EURLEX
Language: en
Format: md

Judgment of the General Court (Fourth Chamber) of 10 October 2018 –  
L-Shop-Team v EUIPO (bags2GO)

(Case T‑561/17)

(EU trade mark — Application for the EU figurative mark bags2GO — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) No 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. 14) |

| 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—Mark composed of a word or neologism resulting from a combination of elements  (Council Regulation No 207/2009, Art. 7(1)(c))  (see paras 15-21) |

| 3. | EU trade mark—Procedural provisions—Statement of reasons for decisions—Article 75, first sentence, of Regulation No 207/2009—Scope identical to that of Article 296 TFEU—Recourse by the Board of Appeal to implicit reasoning—Lawfulness—Conditions  (Art. 296 TFEU; Council Regulation No 207/2009, Art. 75, first sentence)  (see paras 27, 28) |

| 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. 37) |

| 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—Figurative mark bags2GO  (Council Regulation No 207/2009, Art. 7(1)(c))  (see paras 38-42, 44, 49) |

| 6. | EU trade mark—Decisions of the Office—Principle of equal treatment—Principle of sound administration—EUIPO’s previous decision-making practice—Principle of legality—Need for a strict and complete examination in each particular case  (Council Regulation No 207/2009)  (see paras 46, 47) |

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 14 June 2017 (Case R 1650/2016-5), concerning an application for registration of the figurative sign bags2GO as an EU trade mark.

Operative part

The Court:

| 1. | Dismisses the action; |

| 2. | Orders L-Shop-Team GmbH to pay the costs. |

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