The Not Company v EUIPO (NOT MILK) (EU trade mark - Judgment) French Text [2024] EUECJ T-320/23 (08 May 2024)

The Not Company v EUIPO (NOT MILK) (EU trade mark - Judgment) French Text [2024] EUECJ T-320/23 (08 May 2024)

The sign 'NOT MILK' is directly descriptive of the nature or species of the goods (milk substitutes and non-dairy beverages) for the relevant English-speaking public, as it will be immediately perceived as indicating that the products do not contain milk or dairy. The graphical stylization does not alter this...

Source-derived case information.

Citation
[2024] EUECJ T-320/23
Parties
Applicant: The Not Company SpA; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO)
Jurisdiction
European Union
Procedural Posture
EU Trade Mark Annulment Application / Judgment on Application for Annulment of EUIPO Board of Appeal Decision
Outcome
Application dismissed
Legal Topics
EU Trade Mark, Absolute Grounds for Refusal, Distinctiveness, Descriptiveness, Obligation to State Reasons, Equality of Treatment, Good Administration
Intellectual Property European Union Law EU Trade Mark Absolute Grounds for Refusal Distinctiveness Descriptiveness Obligation to State Reasons Equality of Treatment +1 more

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Parties

The Not Company SpA

Applicant

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

Respondent

Procedural Posture

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

  1. 1 Whether the sign 'NOT MILK' is descriptive under Article 7(1)(c) of Regulation (EU) 2017/1001
  2. 2 Whether the sign lacks distinctiveness under Article 7(1)(b) of Regulation (EU) 2017/1001
  3. 3 Whether the Board of Appeal breached the obligation to state reasons and the principles of equality of treatment and good administration

Ratio Decidendi

The sign 'NOT MILK' is directly descriptive of the nature or species of the goods (milk substitutes and non-dairy beverages) for the relevant English-speaking public, as it will be immediately perceived as indicating that the products do not contain milk or dairy. The graphical stylization does not alter this perception. The Board of Appeal was justified in using a global reasoning for all goods, as they form a sufficiently homogeneous group. The Board of Appeal did not breach the obligation to state reasons or the principles of equality of treatment and good administration. The application for annulment is rejected.

Court Disposition

Application dismissed

Orders

  • The application is rejected.
  • Each party shall bear its own costs.