Judgment of the General Court (Ninth Chamber) of 29September 2016— Universal Protein Supplements v EUIPO (Representation of a body builder)
(Affaire T‑335/15)
(EU trade mark— Application for registration of an EU figurative mark representing a body-builder— Absolute grounds for refusal— Descriptive character— Article7(1)(c) of Regulation (EC) No207/2009)
1.EU trade mark— Definition and acquisition of the EU trade mark— Absolute grounds for refusal— Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service— Aim— Need to preserve availability (Council Regulation No207/2009, Art.7(1)(c)) (see para.18)
2.EU trade mark— Definition and acquisition of the EU trade mark— Absolute grounds for refusal— Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service— Concept (Council Regulation No207/2009, Art.7(1)(c)) (see para.19)
3.EU trade mark— Definition and acquisition of the EU trade mark— Absolute grounds for refusal— Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service— Assessment of the descriptive nature of a sign— Criteria (Council Regulation No207/2009, Art.7(1)(c)) (see paras20, 21, 39)
4.EU trade mark— Definition and acquisition of the EU trade mark— Absolute grounds for refusal— Marks devoid of any distinctive character— Figurative mark representing a body builder (Council Regulation No207/2009, Art.7(1)(c)) (see paras23, 24, 26, 30, 31, 33, 40, 41)
Re:
| ACTION brought against the decision of the Fifth Board of Appeal of EUIPO of 6March 2015 (CaseR2958/2014-5) concerning an application for registration of a figurative sign representing a body-builder as an EU trade mark. |
Operative part
The Court:
1. |
| Dismisses the action; |
2. |
| Orders Universal Protein Supplements Corp. to pay the costs. |