Hrebenyuk v EUIPO (Forme d'un col montant) (EU trade mark - Judgment) French Text [2022] EUECJ T-252/21 (23 March 2022)

Hrebenyuk v EUIPO (Forme d'un col montant) (EU trade mark - Judgment) French Text [2022] EUECJ T-252/21 (23 March 2022)

The mark applied for does not diverge significantly from the diversity of existing collar forms in the relevant sector and is not sufficiently distinctive to function as an indicator of commercial origin under Article 7(1)(b) of Regulation 2017/1001. The applicant failed to demonstrate that the mark would be...

Source-derived case information.

Citation
[2022] EUECJ T-252/21
Parties
Applicant: Anna Hrebenyuk; 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 dismissed; application for trade mark registration refused.
Legal Topics
EU Trade Mark, Absolute Grounds for Refusal, Distinctiveness, Three Dimensional Marks
Intellectual Property Law European Union Law EU Trade Mark Absolute Grounds for Refusal Distinctiveness Three Dimensional Marks

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 17 Party arguments 2
Sign in to unlock

Parties

Anna Hrebenyuk

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 three-dimensional sign representing a stand-up collar is distinctive under Article 7(1)(b) of Regulation (EU) 2017/1001 and thus registrable as an EU trade mark.

Ratio Decidendi

The mark applied for does not diverge significantly from the diversity of existing collar forms in the relevant sector and is not sufficiently distinctive to function as an indicator of commercial origin under Article 7(1)(b) of Regulation 2017/1001. The applicant failed to demonstrate that the mark would be perceived by the relevant public as identifying the origin of the goods.

Court Disposition

Appeal dismissed; application for trade mark registration refused.

Orders

  • The appeal is rejected.
  • Anna Hrebenyuk is ordered to pay the costs.