Source: EURLEX
Language: en
Format: md

Judgment of the General Court (Eighth Chamber) of 26 May 2016 —

Bimbo v EUIPO (THE SNACK COMPANY)

(Case T‑331/15)

‛European Union trade mark — Application for European Union figurative mark THE SNACK COMPANY — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Articles 7(1)(b) and (c) and Article 7(2) of Regulation (EC) No 207/2009 — Equal treatment — Obligation to state reasons — Article 75 of Regulation 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 — Concept (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 18, 20, 21) |

| 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 — Figurative mark THE SNACK COMPANY (Council Regulation No 207/2009, Art. 7(1)(c)) (see paras 29-33, 36) |

| 3. | 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 para. 39) |

| 4. | EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Descriptive character of a sign — Circumstance necessarily implying absence of distinctive character of the sign (Council Regulation No 207/2009, Art. 7(1)(b) and (c)) (see para. 46) |

| 5. | 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 paras 49, 56) |

| 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 (see paras 53, 54) |

Re:

ACTION brought against the decision of the Second Board of Appeal of EUIPO of 31 March 2015 (Case R 954/2014-2) concerning an application for registration of the figurative sign THE SNACK COMPANY as an EU trade mark.

Operative part

The Court:

| 1. | Dismisses the action; |

| 2. | Orders Bimbo, SA to pay the costs. |

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