Source: EURLEX
Language: en
Format: md

Judgment of the General Court (Sixth Chamber) of 6 April 2017 —  
Metabolic Balance Holding v EUIPO (Metabolic Balance)

(Case T‑594/15)

(EU trade mark — Application for the EU figurative mark Metabolic Balance — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009)

| 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. 18) |

| 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—Concept  (Council Regulation No 207/2009, Art. 7(1)(c))  (see paras 19, 21, 43) |

| 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—Assessment of the descriptive nature of a sign—Criteria  (Council Regulation No 207/2009, Art. 7(1)(c))  (see paras 20, 33, 35, 39, 42) |

| 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—Figurative mark Metabolic Balance  (Council Regulation No 207/2009, Art. 7(1)(c))  (see paras 24, 37, 40, 52) |

| 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—Mark composed of a word or neologism resulting from a combination of elements  (Council Regulation No 207/2009, Art. 7(1)(c))  (see para. 27) |

| 6. | EU trade mark—Procedural provisions—Statement of reasons for decisions  (Council Regulation No 207/2009, Art. 75, first sentence)  (see para. 29) |

| 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—Decisions of national authorities not binding EU bodies  (Council Regulation No 207/2009, Art. 7(1)(c))  (see paras 44, 48, 49) |

| 8. | 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 45, 51) |

| 9. | EU trade mark—Definition and acquisition of the EU trade mark—Refusal of registration based on one of the absolute grounds for refusal set out in Article 7(1) of Regulation No 207/2009—Whether sufficient  (Council Regulation No 207/2009, Art. 7(1))  (see para. 55) |

Re:

ACTION brought against the decision of the First Board of Appeal of EUIPO of 12 August 2015 (Case R 2156/2014-1), concerning an application for registration of the figurative sign Metabolic Balance as an EU trade mark.

Operative part

The Court:

| 1. | Dismisses the action; |

| 2. | Orders Metabolic Balance Holding GmbH to bear its own costs and to pay those incurred by EUIPO. |

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