the airscreen company GmbH & Co. KG (EU trade mark - Judgment) [2022] EUECJ T-539/21 (05 October 2022)

the airscreen company GmbH & Co. KG (EU trade mark - Judgment) [2022] EUECJ T-539/21 (05 October 2022)

The Court held that the applicant failed to prove that the term 'airframe' is descriptive of the goods and services in question, as the relevant public would not immediately and without further thought perceive it as describing a characteristic of those goods or services. The term 'airframe' is not commonly used to...

Source-derived case information.

Citation
[2022] EUECJ T-539/21
Parties
Applicant: the airscreen company GmbH & Co. KG; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO); Intervener: Moviescreens Rental GmbH
Jurisdiction
European Union
Procedural Posture
EU Trade Mark Nullity Appeal / Judgment on Appeal From EUIPO Board of Appeal
Outcome
Appeal dismissed; application for annulment rejected.
Legal Topics
EU Trade Mark, Absolute Grounds for Refusal, Distinctiveness, Descriptiveness, Nullity Proceedings
Intellectual Property European Union Law EU Trade Mark Absolute Grounds for Refusal Distinctiveness Descriptiveness Nullity Proceedings

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Summary, issues, holding and outcome

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Parties

the airscreen company GmbH & Co. KG

Applicant

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

Respondent

Moviescreens Rental GmbH

Intervener

Procedural Posture

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

  1. 1 Whether the contested EU trade mark 'airframe' is descriptive under Article 7(1)(c) of Regulation (EU) 2017/1001
  2. 2 Whether the mark lacks distinctiveness under Article 7(1)(b) of Regulation (EU) 2017/1001

Ratio Decidendi

The Court held that the applicant failed to prove that the term 'airframe' is descriptive of the goods and services in question, as the relevant public would not immediately and without further thought perceive it as describing a characteristic of those goods or services. The term 'airframe' is not commonly used to refer to 'air-filled frames' or 'inflatable frames', and the evidence did not support the applicant's interpretation. The mark is not descriptive under Article 7(1)(c) nor devoid of distinctiveness under Article 7(1)(b).

Court Disposition

Appeal dismissed; application for annulment rejected.

Orders

  • The action is dismissed.
  • the airscreen company GmbH & Co. KG is ordered to pay the costs.