Grammer v EUIPO (Representation d'une forme) (Judgment) French Text [2019] EUECJ T-762/17 (20 March 2019)

Grammer v EUIPO (Representation d'une forme) (Judgment) French Text [2019] EUECJ T-762/17 (20 March 2019)

The Board of Appeal failed to provide adequate reasoning for its refusal, as it did not sufficiently explain why the sign was considered simple or perceived as a label, nor did it set out the factual circumstances supporting its conclusions. This lack of motivation violates the obligation to state reasons under...

Source-derived case information.

Citation
[2019] EUECJ T-762/17
Parties
Applicant: Grammer AG; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO)
Jurisdiction
European Union
Procedural Posture
EU Trademark Registration Appeal / Judgment on Appeal From EUIPO Board of Appeal
Outcome
Appeal allowed; contested decision annulled.
Legal Topics
Trademark Law, Absolute Grounds for Refusal, Distinctiveness, Procedural Fairness
Intellectual Property European Union Law Trademark Law Absolute Grounds for Refusal Distinctiveness Procedural Fairness

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Parties

Grammer AG

Applicant

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

Respondent

Procedural Posture

EU Trademark Registration Appeal / Judgment on Appeal From EUIPO Board of Appeal

  1. 1 Whether the Board of Appeal of EUIPO sufficiently motivated its refusal to register a figurative EU trademark for lack of distinctiveness under Article 7(1)(b) of Regulation No 207/2009 (now Article 7(1)(b) of Regulation 2017/1001)

Ratio Decidendi

The Board of Appeal failed to provide adequate reasoning for its refusal, as it did not sufficiently explain why the sign was considered simple or perceived as a label, nor did it set out the factual circumstances supporting its conclusions. This lack of motivation violates the obligation to state reasons under Article 75 of Regulation No 207/2009, warranting annulment of the contested decision.

Court Disposition

Appeal allowed; contested decision annulled.

Orders

  • The decision of the Fourth Board of Appeal of EUIPO of 6 September 2017 (Case R 2250/2016-4) is annulled.
  • EUIPO is ordered to pay the costs, including those incurred by Grammer AG before the Board of Appeal.