Santos v EUIPO (Forme de presse-agrumes) (Order) French Text [2022] EUECJ T-51/22_CO (29 July 2022)

Santos v EUIPO (Forme de presse-agrumes) (Order) French Text [2022] EUECJ T-51/22_CO (29 July 2022)

The 3D mark for a citrus juicer does not significantly diverge from the norms or habits of the sector and will be perceived as a mere variant by the relevant professional public. The Board of Appeal was properly composed and its reasoning was not vitiated by procedural error. The application is manifestly unfounded...

Source-derived case information.

Citation
[2022] EUECJ T-51/22_CO
Parties
Applicant: Santos; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO)
Jurisdiction
European Union
Procedural Posture
Recours En Annulation / Order on Manifest Lack of Legal Basis
Outcome
Recours rejected as manifestly unfounded in law.
Legal Topics
EU Trademark Law, Absolute Grounds for Refusal, Distinctiveness of 3 D Marks, Procedure Before EUIPO
Intellectual Property European Union Law EU Trademark Law Absolute Grounds for Refusal Distinctiveness of 3 D Marks Procedure Before EUIPO

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Parties

Santos

Applicant

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

Respondent

Procedural Posture

Recours En Annulation / Order on Manifest Lack of Legal Basis

  1. 1 Whether the 3D mark for a citrus juicer is distinctive under Article 7(1)(b) of Regulation (EU) 2017/1001
  2. 2 Whether the Board of Appeal's decision violated procedural rules regarding composition and reasoning

Ratio Decidendi

The 3D mark for a citrus juicer does not significantly diverge from the norms or habits of the sector and will be perceived as a mere variant by the relevant professional public. The Board of Appeal was properly composed and its reasoning was not vitiated by procedural error. The application is manifestly unfounded in law.

Court Disposition

Recours rejected as manifestly unfounded in law.

Orders

  • The application is rejected.
  • Santos is ordered to pay the costs.