Beelow v EUIPO (made of wood) (EU trade mark - Judgment) French Text [2021] EUECJ T-702/20 (15 September 2021)

Beelow v EUIPO (made of wood) (EU trade mark - Judgment) French Text [2021] EUECJ T-702/20 (15 September 2021)

The sign 'made of wood' is descriptive for clothing products under Article 7(1)(c) of Regulation 2017/1001, as the relevant English-speaking public would perceive it as indicating that the goods are made from or derived from wood or wood fibres, and the sign may be used descriptively by any economic operator. This...

Source-derived case information.

Citation
[2021] EUECJ T-702/20
Parties
Applicant: Timo Beelow; 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; registration refused.
Legal Topics
Trade Marks, Absolute Grounds for Refusal, Descriptiveness, Distinctiveness
Intellectual Property European Union Law Trade Marks Absolute Grounds for Refusal Descriptiveness Distinctiveness

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Parties

Timo Beelow

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 'made of wood' is descriptive under Article 7(1)(c) of Regulation (EU) 2017/1001 for clothing products
  2. 2 Whether the sign lacks distinctiveness under Article 7(1)(b) of Regulation (EU) 2017/1001

Ratio Decidendi

The sign 'made of wood' is descriptive for clothing products under Article 7(1)(c) of Regulation 2017/1001, as the relevant English-speaking public would perceive it as indicating that the goods are made from or derived from wood or wood fibres, and the sign may be used descriptively by any economic operator. This ground alone suffices to refuse registration, making examination of distinctiveness unnecessary.

Court Disposition

Appeal dismissed; registration refused.

Orders

  • The appeal is rejected.
  • Timo Beelow is ordered to pay the costs.