Volkswagen v EUIPO (CROSS) (Judgment) French Text [2020] EUECJ T-42/19 (29 January 2020)

Volkswagen v EUIPO (CROSS) (Judgment) French Text [2020] EUECJ T-42/19 (29 January 2020)

The term 'CROSS' is descriptive for vehicles and related services, as it denotes vehicles adapted for off-road use or having such appearance. The Chamber of Appeal correctly applied Article 7(1)(c) and provided sufficient reasoning. The mark lacks distinctiveness and cannot be registered for the contested goods and...

Source-derived case information.

Citation
[2020] EUECJ T-42/19
Parties
Applicant: Volkswagen AG; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO)
Jurisdiction
European Union
Procedural Posture
EU Trademark Registration Appeal / Judgment of General Court (sixth Chamber)
Outcome
Appeal dismissed
Legal Topics
Trademark Registration, Absolute Grounds for Refusal, Distinctiveness, Descriptiveness, Equality of Treatment, Obligation to State Reasons
Intellectual Property EU Law Trademark Registration Absolute Grounds for Refusal Distinctiveness Descriptiveness Equality of Treatment Obligation to State Reasons

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Parties

Volkswagen AG

Applicant

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

Respondent

Procedural Posture

EU Trademark Registration Appeal / Judgment of General Court (sixth Chamber)

  1. 1 Whether the term 'CROSS' is descriptive for vehicles and related services under Article 7(1)(c) of Regulation (EU) 2017/1001
  2. 2 Whether 'CROSS' lacks distinctiveness under Article 7(1)(b) of Regulation (EU) 2017/1001
  3. 3 Whether the decision was sufficiently reasoned under Article 94(1) of Regulation (EU) 2017/1001

Ratio Decidendi

The term 'CROSS' is descriptive for vehicles and related services, as it denotes vehicles adapted for off-road use or having such appearance. The Chamber of Appeal correctly applied Article 7(1)(c) and provided sufficient reasoning. The mark lacks distinctiveness and cannot be registered for the contested goods and services.

Court Disposition

Appeal dismissed

Orders

  • Application for registration of 'CROSS' as EU trademark for contested goods and services refused
  • Volkswagen AG ordered to pay costs