Source: EURLEX
Language: en
Format: md

Judgment of the General Court (Third Chamber) of 27 October 2016 — Caffè Nero Group v EUIPO (CAFFÈ NERO)

(Case T‑29/16)

‛EU trade mark — Application for the EU word mark CAFFÈ NERO — Absolute grounds for refusal — No distinctive character — Descriptiveness — Mark of such a nature as to deceive the public — Article 7(1)(b), (c) and (g) 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. 17) |

| 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 18, 19) |

| 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 para. 20) |

| 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 — Word mark CAFFÈ NERO (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 21, 29, 35-38) |

| 5. | EU trade mark — Procedural provisions — Examination of the facts of the Office’s own motion — Scope — No obligation to prove matters within common knowledge (Council Regulation No 207/2009, Art. 76(1)) (see para. 27) |

| 6. | EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Overlap between the scope of the grounds for refusal set out in subparagraphs (b) and (c) of Article 7(1) of Regulation No 207/2009 (Council Regulation No 207/2009, Art. 7(1)(b) and (c)) (see para. 41) |

| 7. | EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Trade marks likely to deceive the public — Word mark CAFFÈ NERO (Council Regulation No 207/2009, Art. 7(1)(g)) (see paras 45, 46, 49, 50) |

| 8. | EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Trade marks likely to deceive the public — Criteria for assessment — Trade mark also capable of being perceived in a non-deceiving sense — Irrelevant (Council Regulation No 207/2009, Art. 7(1)(g)) (see paras 47, 48) |

| 9. | 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 (see paras 52-54) |

Re:

ACTION brought against the decision of the First Board of Appeal of EUIPO of 4 November 2015 (Case R 410/2015-1), relating to the application for registration of the word sign CAFFÈ NERO as an EU trade mark.

Operative part

The Court:

| 1. | Dismisses the action; |

| 2. | Orders Caffè Nero Group Ltd to pay the costs. |

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