Source: EURLEX
Language: en
Format: md

Judgment of the General Court (Third Chamber) of 19 October 2017 — Kuka Systems v EUIPO (Matrix light)

(Case T‑87/17)

(EU trade mark — Application for EU word mark Matrix light — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 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. 14) |

| 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—Mark composed of a word or neologism resulting from a combination of elements  (Council Regulation No 207/2009, Art. 7(1)(c))  (see paras 15-18, 29, 49) |

| 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—Word mark Matrix light  (Council Regulation No 207/2009, Art. 7(1)(c), and (2))  (see paras 21-24, 54) |

| 4. | 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 33, 35) |

| 5. | 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. 57) |

Re:

ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 1 December 2016 (Case R 886/2016-4), relating to an application for registration of the word sign Matrix light as an EU trade mark.

Operative part

The Court:

| 1. | Dismisses the action; |

| 2. | Orders Kuka Systems GmbH to pay the costs. |

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