Magnetec v EUIPO (Bleu clair) (EU trade mark - Judgment) French Text [2022] EUECJ T-168/21 (05 October 2022)

Magnetec v EUIPO (Bleu clair) (EU trade mark - Judgment) French Text [2022] EUECJ T-168/21 (05 October 2022)

The Board of Appeal erred in rejecting the applicant's limitation of goods as the modifications were sufficiently clear and precise. The Board also failed to provide adequate reasoning for its refusal, violating the obligation to state reasons. Furthermore, the Board did not clearly define the relevant public for...

Source-derived case information.

Citation
[2022] EUECJ T-168/21
Parties
Applicant: Magnetec GmbH; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO)
Jurisdiction
European Union
Procedural Posture
EU Trade Mark Annulment / General Court Judgment (first Instance)
Outcome
Appeal upheld; contested decision annulled.
Legal Topics
Trade Marks, Absolute Grounds for Refusal, Distinctiveness, Limitation of Goods, Obligation to State Reasons
Intellectual Property European Union Law Trade Marks Absolute Grounds for Refusal Distinctiveness Limitation of Goods Obligation to State Reasons

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Parties

Magnetec GmbH

Applicant

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

Respondent

Procedural Posture

EU Trade Mark Annulment / General Court Judgment (first Instance)

  1. 1 Whether the Board of Appeal erred in rejecting the limitation of goods for lack of clarity and precision under Articles 33 and 49(1) of Regulation 2017/1001
  2. 2 Whether the Board of Appeal failed to state adequate reasons for its decision under Article 94(1) of Regulation 2017/1001
  3. 3 Whether the sign (a shade of light blue) is distinctive under Article 7(1)(b) of Regulation 2017/1001

Ratio Decidendi

The Board of Appeal erred in rejecting the applicant's limitation of goods as the modifications were sufficiently clear and precise. The Board also failed to provide adequate reasoning for its refusal, violating the obligation to state reasons. Furthermore, the Board did not clearly define the relevant public for assessing distinctiveness, undermining its analysis. Consequently, the contested decision is annulled in its entirety.

Court Disposition

Appeal upheld; contested decision annulled.

Orders

  • The decision of the Fourth Board of Appeal of EUIPO of 18 January 2021 (Case R 217/2020-4) is annulled.
  • EUIPO is ordered to pay the costs, including those incurred before the Board of Appeal.