Think Schuhwerk v EUIPO (Forme d'extremites rouges de lacets de chaussures) (EU Trade Mark - Judgment) French Text [2021] EUECJ T-298/19 (17 November 2021)

Think Schuhwerk v EUIPO (Forme d'extremites rouges de lacets de chaussures) (EU Trade Mark - Judgment) French Text [2021] EUECJ T-298/19 (17 November 2021)

The sign representing red tips on shoe laces does not significantly depart from sector norms and is perceived as decorative, not as an indicator of commercial origin. The Board of Appeal did not err in finding a lack of distinctiveness under Article 7(1)(b) of Regulation (EU) 2017/1001. The obligation to state...

Source-derived case information.

Citation
[2021] EUECJ T-298/19
Parties
Applicant: Think Schuhwerk GmbH; 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
Legal Topics
Trade Marks, Distinctiveness, Absolute Grounds for Refusal, Right to Be Heard, Obligation to State Reasons, Equality of Treatment
Intellectual Property European Union Law Trade Marks Distinctiveness Absolute Grounds for Refusal Right to Be Heard Obligation to State Reasons Equality of Treatment

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Parties

Think Schuhwerk GmbH

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 representing red lace tips for shoes is distinctive under Article 7(1)(b) of Regulation (EU) 2017/1001
  2. 2 Whether the Board of Appeal violated the obligation to state reasons and the right to be heard
  3. 3 Whether the principle of equality of treatment was breached by not considering previous registrations

Ratio Decidendi

The sign representing red tips on shoe laces does not significantly depart from sector norms and is perceived as decorative, not as an indicator of commercial origin. The Board of Appeal did not err in finding a lack of distinctiveness under Article 7(1)(b) of Regulation (EU) 2017/1001. The obligation to state reasons and the right to be heard were not breached. The principle of equality of treatment does not require registration of a non-distinctive sign even if similar marks were previously registered.

Court Disposition

Appeal dismissed

Orders

  • The action is dismissed.
  • Think Schuhwerk GmbH is ordered to pay the costs.