Source: EURLEX
Language: en
Format: md

Judgment of the General Court (Fifth Chamber) of 25 May 2016 —

U-R LAB v EUIPO (THE DINING EXPERIENCE)

(Cases T‑422/15 and T‑423/15)

‛European Union trade mark — Application for European Union figurative and word marks THE DINING EXPERIENCE — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009’

| 1. | EU trade mark — Procedural provisions — Statement of reasons for decisions — Article 75, first sentence, of Regulation No 207/2009 — Scope identical to that of Article 296 TFEU (Art. 296 TFEU; Council Regulation No 207/2009, Art. 75, first sentence) |

| 2. | 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) |

| 3. | EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Word mark composed of several elements — Account taken of the overall perception of the combination by the relevant public (Council Regulation No 207/2009, Art. 7(1)(b)) |

| 4. | EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Marks constituted of advertising slogans — Distinctive character — Application of specific criteria for assessment — Not permissible (Council Regulation No 207/2009, Art. 7(1)(b)) |

| 5. | EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Marks constituted of advertising slogans — Flattering promotional formula (Council Regulation No 207/2009, Art. 7(1)(b)) |

| 6. | EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Figurative mark THE DINING EXPERIENCE (Council Regulation No 207/2009, Art. 7(1)(b)) |

| 7. | EU trade mark — Decisions of the Office — Principle of equal treatment — Principle of sound administration — EUIPO’s previous decision-making practice (Council Regulation No 207/2009) |

Re:

Two actions brought against the decision of the Fourth Board of Appeal of EUIPO of 20 May 2015 (Cases R 2541/2014-4 and R 2542/2014-4) concerning applications for registration of, first, the figurative sign and, secondly, the word sign THE DINING EXPERIENCE as European Union trade marks.

Operative part

The Court:

| 1. | Joins Cases T‑422/15 and T‑423/15 for the purposes of the present judgment; |

| 2. | Dismisses the actions; |

| 3. | Orders U-R LAB to pay the costs. |

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