Source: EURLEX
Language: en
Format: md

Judgment of the General Court (Eighth Chamber) of 7 December 2017 – Colgate-Palmolive v EUIPO (360°)

(Case T-333/16)

(EU trade mark — Application for the EU figurative mark 360° — Absolute grounds 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 2017/1001))

| 1. | 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. 11) |

| 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–Criteria  (Council Regulation No 207/2009, Art. 7(1)(c))  (see paras 15, 16, 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–Aim–Need to preserve availability  (Council Regulation No 207/2009, Art. 7(1)(c))  (see para. 17) |

| 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 360o  (Council Regulation No 207/2009, Art. 7(1)(c))  (see paras 20-32) |

| 5. | 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)(c))  (see para. 35) |

| 6. | EU trade mark–Definition and acquisition of the EU trade mark–Absolute grounds for refusal–Overlapping of the scope of the grounds set out in Article 7(1)(b) and (c) and (3) of Regulation No 207/2009  (Council Regulation No 207/2009 Art. 7(1)(b) and (c))  (see para. 37) |

| 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. 41) |

| 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 42, 43) |

| 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 48, 50) |

| 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–Trade mark devoid of distinctive character throughout the EU–Acquisition by use also throughout the EU  (Council Regulation No 207/2009, Art. 7(3))  (see para. 49) |

| 11. | 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 51, 52) |

| 12. | 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–Figurative mark 360o  (Council Regulation No 207/2009, Art. 7(3))  (see paras 55-68) |

Re:

ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 14 April 2016 (Case R 2287/2015-4), concerning an application for registration of the figurative sign 360° as an EU trade mark.

Operative part

The Court:

| 1. | Dismisses the action; |

| 2. | Orders Colgate-Palmolive Co. to pay the costs. |

[Top](#document1)