Govern d'Andorra v EUIPO (Andorra) (EU Trade Mark - Judgment) French Text [2022] EUECJ T-806/19 (23 February 2022)

Govern d'Andorra v EUIPO (Andorra) (EU Trade Mark - Judgment) French Text [2022] EUECJ T-806/19 (23 February 2022)

The General Court held that the sign 'Andorra' is descriptive for the goods and services claimed, as it indicates their geographical origin or a characteristic associated with that origin. The applicant failed to show that the sign had acquired distinctiveness or that the refusal breached any procedural or...

Source-derived case information.

Citation
[2022] EUECJ T-806/19
Parties
Applicant: Govern d’Andorra; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO)
Jurisdiction
European Union
Procedural Posture
EU Trade Mark Registration Appeal / Judgment of the General Court (t 806/19)
Outcome
Appeal dismissed
Legal Topics
EU Trade Mark, Absolute Grounds for Refusal, Descriptiveness, Distinctiveness, Geographical Indications
Intellectual Property Law European Union Law EU Trade Mark Absolute Grounds for Refusal Descriptiveness Distinctiveness Geographical Indications

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Parties

Govern d’Andorra

Applicant

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

Respondent

Procedural Posture

EU Trade Mark Registration Appeal / Judgment of the General Court (t 806/19)

  1. 1 Whether the sign 'Andorra' is descriptive of the goods and services under Article 7(1)(c) of Regulation No 207/2009
  2. 2 Whether the sign 'Andorra' lacks distinctiveness under Article 7(1)(b) of Regulation No 207/2009
  3. 3 Whether the refusal breaches principles of legal certainty, equal treatment, good administration, obligation to state reasons, and rights of defence

Ratio Decidendi

The General Court held that the sign 'Andorra' is descriptive for the goods and services claimed, as it indicates their geographical origin or a characteristic associated with that origin. The applicant failed to show that the sign had acquired distinctiveness or that the refusal breached any procedural or substantive rights. The refusal was justified under Article 7(1)(c) of Regulation No 207/2009.

Court Disposition

Appeal dismissed

Orders

  • The action is dismissed.
  • The applicant is ordered to pay the costs.