Source: EURLEX
Language: en
Format: md

Judgment of the General Court (Eighth Chamber) of 17 October 2017 — Murka v EUIPO (SCATTER SLOTS)

(Case T‑704/16)

(EU trade mark — Application for the EU word mark SCATTER SLOTS — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — Distinctive character acquired through use — Article 7(3) of Regulation No 207/2009 (now Article 7(3) of Regulation (EU) 2017/1001))

| 1. | EU trade mark—Appeals procedure—Action before the EU judicature—Jurisdiction of the General Court—Direction issued to the Office—Not included  (Council Regulation No 207/2009, Art. 65(6))  (see para. 11) |

| 2. | EU trade mark—Appeals procedure—Action before the EU judicature—Jurisdiction of the General Court—Review of the lawfulness of decisions of the Boards of Appeal—Re-examination of the facts in the light of evidence not previously submitted before EUIPO bodies—Not included  (Council Regulation No 207/2009, Art. 65)  (see para. 15) |

| 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—Aim—Need to preserve availability—Scope of the examination  (Council Regulation No 207/2009, Art. 7(1)(c))  (see paras 21, 26, 46) |

| 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—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 22-25, 41, 44) |

| 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—Assessment of the descriptive nature of a sign—Criteria  (Council Regulation No 207/2009, Art. 7(1)(c))  (see para. 27) |

| 6. | 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 50-52) |

| 7. | EU trade mark—Definition and acquisition of the EU trade mark—Assessment of the registrability of a sign—EU rules only taken into account—Earlier registration of the mark in certain Member States or third countries—Decisions not binding EU bodies  (Council Regulation No 207/2009)  (see para. 55) |

| 8. | EU trade mark—Definition and acquisition of the EU trade mark—Absolute grounds for refusal—Marks devoid of any distinctive character—Exception—Distinctive character acquired through use—Use before the date of filing the application for registration  (Council Regulation No 207/2009, Art. 7(3))  (see paras 62, 69) |

| 9. | EU trade mark—Definition and acquisition of the EU trade mark—Absolute grounds for refusal—Marks devoid of any distinctive character—Exception—Distinctive character acquired through use—Criteria for assessment  (Council Regulation No 207/2009, Art. 7(3))  (see paras 63-65) |

| 10. | EU trade mark—Definition and acquisition of the EU trade mark—Absolute grounds for refusal—Marks devoid of any distinctive character—Exception—Distinctive character acquired through use—Probative value of the evidence—Criteria for assessment  (Council Regulation No 207/2009, Art. 7(3))  (see paras 67, 68) |

| 11. | EU trade mark—Definition and acquisition of the EU trade mark—Absolute grounds for refusal—Marks devoid of any distinctive character—Distinctive character not acquired through use—Word mark SCATTER SLOTS  (Council Regulation No 207/2009, Art. 7(3))  (see paras 72, 78, 79) |

| 12. | EU trade mark—Definition and acquisition of the EU trade mark—Absolute grounds for refusal—Marks devoid of any distinctive character—Exception—Distinctive character acquired through use—Account taken of circumstances subsequent to the date of filing the application for registration—Lawfulness—Conditions  (Council Regulation No 207/2009, Art. 7(3))  (see para. 75) |

Re:

ACTION brought against the decision of the First Board of Appeal of EUIPO of 21 June 2016 (Case R 471/2016-1), concerning the application for registration of the word sign SCATTER SLOTS as an EU trade mark.

Operative part

The Court:

| 1. | Dismisses the action; |

| 2. | Orders Murka Ltd to pay the costs. |

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