Albert Darboven Holding GmbH & Co. KG (EU trade mark - Judgment) [2021] EUECJ T-93/20 (24 March 2021)

Albert Darboven Holding GmbH & Co. KG (EU trade mark - Judgment) [2021] EUECJ T-93/20 (24 March 2021)

The Board of Appeal erred in finding that 'WINDSOR-CASTLE' was devoid of any distinctive character for the goods in question. The sign does not describe the goods, is not a slogan or advertising message, and the public may perceive it as both a reference to the castle and as an indication of commercial origin. The...

Source-derived case information.

Citation
[2021] EUECJ T-93/20
Parties
Applicant: Albert Darboven Holding GmbH & Co. KG; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO)
Jurisdiction
European Union
Procedural Posture
EU Trade Mark Registration Appeal / Judgment on Appeal From EUIPO Board of Appeal
Outcome
Appeal allowed in part; Board of Appeal decision annulled.
Legal Topics
Trade Marks, Distinctiveness, Absolute Grounds for Refusal
Intellectual Property European Union Law Trade Marks Distinctiveness Absolute Grounds for Refusal

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Parties

Albert Darboven Holding GmbH & Co. KG

Applicant

Office de l’Union européenne pour la propriété intellectuelle (EUIPO)

Respondent

Procedural Posture

EU Trade Mark Registration Appeal / Judgment on Appeal From EUIPO Board of Appeal

  1. 1 Whether the sign 'WINDSOR-CASTLE' is devoid of distinctive character under Article 7(1)(b) of Regulation (EU) 2017/1001 for certain goods in class 30.

Ratio Decidendi

The Board of Appeal erred in finding that 'WINDSOR-CASTLE' was devoid of any distinctive character for the goods in question. The sign does not describe the goods, is not a slogan or advertising message, and the public may perceive it as both a reference to the castle and as an indication of commercial origin. The refusal under Article 7(1)(b) was not justified.

Court Disposition

Appeal allowed in part; Board of Appeal decision annulled.

Orders

  • The decision of the first Board of Appeal of EUIPO of 19 December 2019 (Case R 2448/2018-1) is annulled.
  • EUIPO is ordered to pay the costs.