Voco v EUIPO (Forme d'un emballage) (EU Trade Mark - Judgment) French Text [2022] EUECJ T-700/21 (21 September 2022)

Voco v EUIPO (Forme d'un emballage) (EU Trade Mark - Judgment) French Text [2022] EUECJ T-700/21 (21 September 2022)

The mark applied for does not significantly depart from the norms or customs of the relevant sector and is therefore devoid of distinctive character under Article 7(1)(b) of Regulation (EU) 2017/1001. The Board of Appeal did not err in its assessment of the relevant sector or the distinctiveness of the mark. The...

Source-derived case information.

Citation
[2022] EUECJ T-700/21
Parties
Applicant: Voco GmbH; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO)
Jurisdiction
European Union
Procedural Posture
EU Trade Mark Annulment Action / Judgment on Application for Annulment of Board of Appeal Decision
Outcome
Application dismissed
Legal Topics
EU Trade Mark, Absolute Grounds for Refusal, Distinctive Character, Three Dimensional Marks, Packaging Shape
Intellectual Property European Union Law EU Trade Mark Absolute Grounds for Refusal Distinctive Character Three Dimensional Marks Packaging Shape

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Parties

Voco GmbH

Applicant

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

Respondent

Procedural Posture

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

  1. 1 Whether the three-dimensional packaging mark applied for is devoid of distinctive character under Article 7(1)(b) of Regulation (EU) 2017/1001
  2. 2 Whether the Board of Appeal erred in its assessment of the relevant sector and the distinctiveness of the mark

Ratio Decidendi

The mark applied for does not significantly depart from the norms or customs of the relevant sector and is therefore devoid of distinctive character under Article 7(1)(b) of Regulation (EU) 2017/1001. The Board of Appeal did not err in its assessment of the relevant sector or the distinctiveness of the mark. The combination of elements does not enable the mark to function as an indicator of commercial origin. The principle of equal treatment was not violated as the prior cases cited were not comparable.

Court Disposition

Application dismissed

Orders

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