just-organic.com GmbH (EU trade mark - Judgment) [2022] EUECJ T-802/21 (05 October 2022)

just-organic.com GmbH (EU trade mark - Judgment) [2022] EUECJ T-802/21 (05 October 2022)

The sign 'just organic' is descriptive of the goods and services for which registration was sought, as it will be immediately perceived by the relevant English-speaking public as referring to products that are purely organic. The figurative elements do not confer distinctiveness. Therefore, the mark is excluded from...

Source-derived case information.

Citation
[2022] EUECJ T-802/21
Parties
Applicant: just-organic.com GmbH; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO)
Jurisdiction
European Union
Procedural Posture
EU Trade Mark Annulment Application / Judgment on Appeal From EUIPO Board of Appeal
Outcome
Appeal dismissed; application for annulment rejected.
Legal Topics
Trade Marks, Absolute Grounds for Refusal, Descriptiveness, Distinctiveness
Intellectual Property European Union Law Trade Marks Absolute Grounds for Refusal Descriptiveness Distinctiveness

Source-derived case record

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Parties

just-organic.com GmbH

Applicant

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

Respondent

Procedural Posture

EU Trade Mark Annulment Application / Judgment on Appeal From EUIPO Board of Appeal

  1. 1 Whether the sign 'just organic' is descriptive of the goods and services under Article 7(1)(c) of Regulation (EU) 2017/1001
  2. 2 Whether the sign lacks distinctiveness under Article 7(1)(b) of Regulation (EU) 2017/1001

Ratio Decidendi

The sign 'just organic' is descriptive of the goods and services for which registration was sought, as it will be immediately perceived by the relevant English-speaking public as referring to products that are purely organic. The figurative elements do not confer distinctiveness. Therefore, the mark is excluded from registration under Article 7(1)(c) and is also devoid of distinctive character under Article 7(1)(b).

Court Disposition

Appeal dismissed; application for annulment rejected.

Orders

  • The action is dismissed.
  • just-organic.com GmbH is ordered to pay the costs.