Lemken v EUIPO (Nuance de bleu ciel) (EU trade mark - Judgment) French Text [2022] EUECJ T-621/21 (26 October 2022)

Lemken v EUIPO (Nuance de bleu ciel) (EU trade mark - Judgment) French Text [2022] EUECJ T-621/21 (26 October 2022)

The colour 'Nuance de bleu ciel' (RAL:5015) is not inherently distinctive for agricultural machinery under Article 7(1)(b) of Regulation (EU) 2017/1001, as it is a simple and common colour not perceived as an indicator of commercial origin. The applicant failed to prove acquired distinctiveness throughout the EU...

Source-derived case information.

Citation
[2022] EUECJ T-621/21
Parties
Applicant: Lemken GmbH & Co. KG; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO)
Jurisdiction
European Union
Procedural Posture
EU Trade Mark Annulment Action / Judgment on Application for Annulment of EUIPO Board of Appeal Decision
Outcome
Application dismissed
Legal Topics
Trade Marks, Absolute Grounds for Refusal, Distinctiveness, Acquired Distinctiveness, Colour Marks
Intellectual Property European Union Law Trade Marks Absolute Grounds for Refusal Distinctiveness Acquired Distinctiveness Colour Marks

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Parties

Lemken GmbH & Co. KG

Applicant

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

Respondent

Procedural Posture

EU Trade Mark Annulment Action / Judgment on Application for Annulment of EUIPO Board of Appeal Decision

  1. 1 Whether the colour mark 'Nuance de bleu ciel' (RAL:5015) is inherently distinctive under Article 7(1)(b) of Regulation (EU) 2017/1001
  2. 2 Whether the mark has acquired distinctiveness through use under Article 7(3) of Regulation (EU) 2017/1001
  3. 3 Whether the Board of Appeal sufficiently reasoned its decision

Ratio Decidendi

The colour 'Nuance de bleu ciel' (RAL:5015) is not inherently distinctive for agricultural machinery under Article 7(1)(b) of Regulation (EU) 2017/1001, as it is a simple and common colour not perceived as an indicator of commercial origin. The applicant failed to prove acquired distinctiveness throughout the EU under Article 7(3), as evidence was insufficient or lacking for several Member States. The Board of Appeal's reasoning was adequate.

Court Disposition

Application dismissed

Orders

  • The action is dismissed in its entirety.
  • Lemken GmbH & Co. KG is ordered to pay the costs.