Kubara v EUIPO (good calories) (EU trade mark - Judgment) French Text [2022] EUECJ T-602/21 (22 June 2022)

Kubara v EUIPO (good calories) (EU trade mark - Judgment) French Text [2022] EUECJ T-602/21 (22 June 2022)

The sign 'good calories' is descriptive for the goods in classes 29, 30, and 31, as it will be perceived by the relevant public as indicating that the products are a source of energy and essential nutrients without causing weight gain. The sign lacks distinctiveness and does not indicate commercial origin. The Board...

Source-derived case information.

Citation
[2022] EUECJ T-602/21
Parties
Applicant: Kubara sp. z o.o.; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO)
Jurisdiction
European Union
Procedural Posture
EU Trade Mark Annulment / Judgment on Appeal From EUIPO Board of Appeal
Outcome
Appeal dismissed; application for annulment rejected.
Legal Topics
Trade Marks, Absolute Grounds for Refusal, Distinctiveness, Descriptiveness, Legitimate Expectation, Legal Certainty
Intellectual Property European Union Law Trade Marks Absolute Grounds for Refusal Distinctiveness Descriptiveness Legitimate Expectation Legal Certainty

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Parties

Kubara sp. z o.o.

Applicant

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

Respondent

Procedural Posture

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

  1. 1 Whether the sign 'good calories' is descriptive 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
  3. 3 Whether the principles of legitimate expectation and legal certainty were violated

Ratio Decidendi

The sign 'good calories' is descriptive for the goods in classes 29, 30, and 31, as it will be perceived by the relevant public as indicating that the products are a source of energy and essential nutrients without causing weight gain. The sign lacks distinctiveness and does not indicate commercial origin. The Board of Appeal's assessment was correct, and prior EUIPO decisions do not bind the outcome. No violation of legitimate expectation or legal certainty occurred.

Court Disposition

Appeal dismissed; application for annulment rejected.

Orders

  • The action is dismissed.
  • Kubara sp. z o.o. is ordered to pay the costs.