Muller v EUIPO (TIER SHOP) (EU trade mark - Judgment) French Text [2021] EUECJ T-535/20 (19 May 2021)

Muller v EUIPO (TIER SHOP) (EU trade mark - Judgment) French Text [2021] EUECJ T-535/20 (19 May 2021)

The sign 'TIER SHOP' is descriptive of the goods and services at issue for the German-speaking public, as it will be perceived as 'pet shop' or 'animal store', indicating the place of sale or provision. The figurative element is banal and does not alter the descriptive meaning. The Board of Appeal's global reasoning...

Source-derived case information.

Citation
[2021] EUECJ T-535/20
Parties
Applicant: Müller GmbH & Co. KG; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO)
Jurisdiction
European Union
Procedural Posture
EU Trade Mark Registration Appeal / Judgment on Appeal From EUIPO Board of Appeal
Outcome
Appeal dismissed; registration refused for all goods and services except 'advertising' in class 35.
Legal Topics
Trade Marks, Absolute Grounds for Refusal, Descriptiveness, Distinctiveness, Obligation to State Reasons
Intellectual Property European Union Law Trade Marks Absolute Grounds for Refusal Descriptiveness Distinctiveness Obligation to State Reasons

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Summary, issues, holding and outcome

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Parties

Müller GmbH & Co. KG

Applicant

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

Respondent

Procedural Posture

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

  1. 1 Whether the sign 'TIER SHOP' is descriptive and lacks distinctiveness under Article 7(1)(b) and (c) of Regulation (EU) 2017/1001
  2. 2 Whether the Board of Appeal sufficiently motivated its decision for all goods and services concerned
  3. 3 Whether prior registrations or the figurative element confer distinctiveness

Ratio Decidendi

The sign 'TIER SHOP' is descriptive of the goods and services at issue for the German-speaking public, as it will be perceived as 'pet shop' or 'animal store', indicating the place of sale or provision. The figurative element is banal and does not alter the descriptive meaning. The Board of Appeal's global reasoning was sufficient due to the homogeneity of the goods/services. Prior registrations are not binding. Therefore, the mark is refused registration under Article 7(1)(c) and (b) of Regulation (EU) 2017/1001.

Court Disposition

Appeal dismissed; registration refused for all goods and services except 'advertising' in class 35.

Orders

  • The appeal is rejected.
  • Müller GmbH & Co. KG is ordered to pay its own costs and those of EUIPO.