Order of the General Court (Third Chamber) of 16 December 2022 –EMS v EUIPO (AIRFLOW) (Case T‑751/21)
Grade B
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Not the law itself: Judgment
Address https://gelex.eu/eli/EU/judgment/62021TO0751_INF@2022-12-16/en
1. EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks composed exclusively of signs or indications capable of designating the characteristics of a product or serviceDefinition (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraphs 21, 23, 28, 34, 37, 65)
2. EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks composed exclusively of signs or indications capable of designating the characteristics of a product or serviceAssessment of the descriptive nature of a signCriteria (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraph 22)
3. EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks composed exclusively of signs or indications capable of designating the characteristics of a product or serviceWord mark AIRFLOW (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraphs 31, 35, 36, 38)
4. EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalOverlap of the scope of the grounds set out in Article 7(1)(b) and Article 7(1)(c) of Regulation 2017/1001 (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b) and (c)) (see paragraphs 43, 44)
5. EU trade markProcedural provisionsStatement of reasons for decisionsFirst sentence of Article 94(1) of Regulation 2017/1001Scope identical to that of Article 296 TFEURecourse by the Board of Appeal to implicit reasoningWhether permissibleConditions (Art. 296 TFEU; Charter of Fundamental Rights of the European Union, Art. 41(2); European Parliament and Council Regulation 2017/1001, Art. 94(1), first sentence) (see paragraphs 49-51)
Operative part
1. The action is dismissed.
2. EMS Electro Medical Systems GmbH shall pay the costs.