Brand Energy Holdings v EUIPO (RAPIDGUARD) (EU trade mark - Judgment) French Text [2022] EUECJ T-573/21 (13 July 2022)

Brand Energy Holdings v EUIPO (RAPIDGUARD) (EU trade mark - Judgment) French Text [2022] EUECJ T-573/21 (13 July 2022)

The term RAPIDGUARD is composed of two English words, 'rapid' and 'guard', both of which are immediately understandable by the relevant public. The combination is grammatically correct and not unusual. For the goods and services at issue, the sign will be perceived as describing protective elements that can be...

Source-derived case information.

Citation
[2022] EUECJ T-573/21
Parties
Applicant: Brand Energy Holdings BV; 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
Legal Topics
Trade Marks, Absolute Grounds for Refusal, Descriptiveness, Distinctiveness, Right to Be Heard
Intellectual Property European Union Law Trade Marks Absolute Grounds for Refusal Descriptiveness Distinctiveness Right to Be Heard

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Parties

Brand Energy Holdings BV

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 RAPIDGUARD is descriptive under Article 7(1)(c) of Regulation (EU) 2017/1001
  2. 2 Whether the sign RAPIDGUARD lacks distinctiveness under Article 7(1)(b) of Regulation (EU) 2017/1001
  3. 3 Whether the applicant's right to be heard was violated

Ratio Decidendi

The term RAPIDGUARD is composed of two English words, 'rapid' and 'guard', both of which are immediately understandable by the relevant public. The combination is grammatically correct and not unusual. For the goods and services at issue, the sign will be perceived as describing protective elements that can be installed or removed quickly, or services relating to such installation. Even if not all goods/services are primarily for protection, it suffices that some are, and the sign is descriptive for a significant part. As a result, the mark is descriptive under Article 7(1)(c) and, consequently, lacks distinctiveness under Article 7(1)(b). The right to be heard was not violated, as the...

Court Disposition

Appeal dismissed

Orders

  • Application for annulment of the contested decision is rejected
  • Applicant to bear its own costs and those of EUIPO