Source: EURLEX
Language: en
Format: md

Judgment of the General Court (First Chamber) of 3 July 2018 –  
Vienna International Hotelmanagement v EUIPO (Vienna House and VIENNA HOUSE)

(Cases T‑402/17 and T‑403/17)

(EU trade mark — Applications for EU word mark Vienna House and figurative mark VIENNA HOUSE — Absolute ground for refusal — Descriptive character — Not distinctive — Article 7(1(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1(b) and (c) 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. 23) |

| 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—Assessment of the descriptive nature of a sign—Criteria  (Council Regulation No 207/2009, Art. 7(1)(c))  (see paras 24, 25, 27, 43, 44) |

| 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—Neologism consisting of elements descriptive of characteristics of the goods or services concerned—Whether included where the nature of the combination is not unusual  (Council Regulation No 207/2009, Art. 7(1)(c))  (see para. 26) |

| 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 marks Vienna House and figurative marks VIENNA HOUSE  (Council Regulation No 207/2009, Art. 7(1)(c))  (see paras 34, 38, 45, 48) |

| 5. | EU trade mark—Appeals procedure—Action before the EU judicature—Jurisdiction of the General Court—Re-evaluation of the facts in the light of evidence produced for the first time before it—Not included  (Council Regulation No 207/2009, Art. 65)  (see para. 36) |

| 6. | EU trade mark—Decisions of the Office—Legality—Examination by the EU judicature—Criteria  (Council Regulation No 207/2009)  (see para. 47) |

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 25 April 2017 (Cases R 333/2016-4 and R 332/2016-4) concerning applications for registration of, on the one hand, the word sign Vienna House and, on the other, the figurative sign VIENNA HOUSE as EU trade marks.

Operative part

The Court:

| 1. | Orders the joinder of Cases T‑402/17 and T‑403/17 for the purposes of the present judgment; |

| 2. | Dismisses the actions; |

| 3. | Orders Vienna International Hotelmanagement AG to pay the costs. |

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