Jimenez Gasalla v EUIPO (B2B SOLUTIONS) (Intellectual, industrial and commercial property - Trade marks : Judgment) French Text [2017] EUECJ T-685/16 (27 June 2017)

Jimenez Gasalla v EUIPO (B2B SOLUTIONS) (Intellectual, industrial and commercial property - Trade marks : Judgment) French Text [2017] EUECJ T-685/16 (27 June 2017)

The sign 'B2B SOLUTIONS' is a banal combination of terms directly understood by the relevant public (English-speaking consumers in the EU) as referring to solutions provided by businesses to other businesses. The mark is descriptive of the goods and services claimed, which are all capable of being provided as...

Source-derived case information.

Citation
[2017] EUECJ T-685/16
Parties
Applicant: Carlos Javier Jiménez Gasalla; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO)
Jurisdiction
European Union
Procedural Posture
Trade Mark Registration Appeal / Judgment on Appeal From EUIPO Board of Appeal
Outcome
appeal dismissed
Legal Topics
Trade Marks, Absolute Grounds for Refusal, Distinctiveness, Descriptiveness, Acquired Distinctiveness
Intellectual Property Law European Union Law Trade Marks Absolute Grounds for Refusal Distinctiveness Descriptiveness Acquired Distinctiveness

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Parties

Carlos Javier Jiménez Gasalla

Applicant

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

Respondent

Procedural Posture

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

  1. 1 Whether the sign 'B2B SOLUTIONS' is descriptive under Article 7(1)(c) of Regulation No 207/2009
  2. 2 Whether the sign lacks distinctiveness under Article 7(1)(b) of Regulation No 207/2009
  3. 3 Whether the sign has acquired distinctiveness through use under Article 7(3) of Regulation No 207/2009

Ratio Decidendi

The sign 'B2B SOLUTIONS' is a banal combination of terms directly understood by the relevant public (English-speaking consumers in the EU) as referring to solutions provided by businesses to other businesses. The mark is descriptive of the goods and services claimed, which are all capable of being provided as business solutions. Therefore, the mark is excluded from registration under Article 7(1)(c) and, by consequence, lacks distinctiveness under Article 7(1)(b). Evidence of acquired distinctiveness was insufficient and new evidence before the General Court is inadmissible.

Court Disposition

appeal dismissed

Orders

  • The appeal is rejected.
  • Carlos Javier Jiménez Gasalla is ordered to pay the costs.