Ilovepdf v EUIPO (ILOVEPDF) (EU trade mark - Judgment) French Text [2024] EUECJ T-60/23 (17 January 2024)

Ilovepdf v EUIPO (ILOVEPDF) (EU trade mark - Judgment) French Text [2024] EUECJ T-60/23 (17 January 2024)

The mark 'ILOVEPDF' is perceived as a laudatory slogan and not as an indicator of commercial origin; it lacks distinctiveness under Article 7(1)(b) of Regulation (EU) 2017/1001. The Board of Appeal's decision was sufficiently motivated, and no violation of legitimate expectation or equality of treatment occurred.

Source-derived case information.

Citation
[2024] EUECJ T-60/23
Parties
Applicant: Ilovepdf, SL; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO)
Jurisdiction
European Union
Procedural Posture
EU Trade Mark Annulment and Reform Application / Judgment on Appeal From Board of Appeal Decision
Outcome
Recourse rejected
Legal Topics
EU Trade Mark, Distinctiveness, Absolute Grounds for Refusal, Motivation of Decisions, Legitimate Expectation, Equality of Treatment
Intellectual Property EU Law EU Trade Mark Distinctiveness Absolute Grounds for Refusal Motivation of Decisions Legitimate Expectation Equality of Treatment

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 5 Authorities cited 22 Party arguments 2
Sign in to unlock

Parties

Ilovepdf, SL

Applicant

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

Respondent

Procedural Posture

EU Trade Mark Annulment and Reform Application / Judgment on Appeal From Board of Appeal Decision

  1. 1 Whether the mark 'ILOVEPDF' is sufficiently distinctive under Article 7(1)(b) of Regulation (EU) 2017/1001
  2. 2 Whether the Board of Appeal failed to motivate its decision
  3. 3 Whether the Board of Appeal was competent to assess acquired distinctiveness

Ratio Decidendi

The mark 'ILOVEPDF' is perceived as a laudatory slogan and not as an indicator of commercial origin; it lacks distinctiveness under Article 7(1)(b) of Regulation (EU) 2017/1001. The Board of Appeal's decision was sufficiently motivated, and no violation of legitimate expectation or equality of treatment occurred.

Court Disposition

Recourse rejected

Orders

  • Ilovepdf, SL and EUIPO shall each bear their own costs