General Court (Ninth Chamber), 12 May 2016, in case T‑32/15 (GRE Grand River Enterprises Deutschland GmbH v EUIPO)

Regulation (EC) No 207/2009 — Article 7(1)(b)— Descriptive character — figurative sign Mark1 

A mark consisting in an advertising slogan must be regarded as being devoid of distinctive character if it is liable to be perceived by the relevant public as a mere promotional formula. The fact that the mark applied for is capable of having several meanings does not necessarily imply in itself that it has a degree of distinctive character when it is perceived immediately by the relevant public as a promotional message and not as an indication of the origin of the goods or services at issue. The laudatory and promotional meaning of the sign applied for (Mark 1) is perceived immediately and understood as such by the relevant public, and eclipses any indication of the commercial origin of the goods concerned.

categoria:European Case Law