Sygn. akt T-719/18
Order of the General Court (Seventh Chamber) of 7 June 2019 – Telemark plus v EUIPO (Telemarkfest)
(Case T‑719/18)
(EU trade mark— Application for EU word mark Telemarkfest — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001)
1. EU trade mark — Appeals procedure — Action before the EU judicature — Power of the General Court to alter the contested decision — Limits
(European Parliament and Council Regulation 2017/1001, Art. 72(3))
(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 — Aim — Need to preserve availability
(European Parliament and Council Regulation 2017/1001, Art. 7(1)(c))
(see para. 15)
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 — Definition
(see paras 17-20)
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 — Assessment of the descriptive nature of a sign — Criteria
(see para. 22)
5. 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 Telemarkfest
(see paras 31, 32, 42-44, 46)
6. 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 –Definition — Mark composed of a word or neologism resulting from a combination of elements
(see para. 41)
7. EU trade mark — Decisions of the Office — Legality — Examination by the EU judicature — Criteria
(European Parliament and Council Regulation 2017/1001)
(see para. 48)
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
(see paras 49, 50)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 25 September 2018 (Case R 346/2018-4), concerning an application for registration of the word sign Telemarkfest as an EU trade mark.
Operative part
1.
The action is dismissed as manifestly lacking any foundation in law.
2.
Telemark plus eV shall pay the costs.
