Complaints directed against grounds of the judgment under appeal purely for the sake of completeness cannot in any event lead to the judgement’s being set aside
11-07-2019 Print this page
Name in normal script of figurative mark in the European Union Trade Marks Bulletin irrelevant for the purpose of determining the phonetic perception of the signs which should not be confused with their name in the Bulletin. Complaints directed against grounds of the judgment under appeal purely for the sake of completeness cannot in any event lead to the judgement’s being set aside.
Appeal against the judgment of 39 November 2017 by which the EU General Court dismissed the action for annulment of the decision of the Board of Appeal dismissing the opposition to the figurative mark applied for. The appeal is dismissed.
The appellant puts forward that the General Court was wrong to not take account of the name in normal script (i.e. without a heart) of the mark applied for, as set out in the European Union Trade Marks Bulletin.
The CJEU holds that the General Court, by judging that the name is not decisive for the purpose of determining the phonetic perception of the signs, implicitly but necessarily held that the name constitutes not an indication of the way in which the relevant public perceives the trade mark in question. The CJEU further considers that the name in normal script of figurative mark in the European Union Trade Marks Bulletin is irrelevant for the purpose of determining the phonetic perception of the signs which should not be confused with their name in the Bulletin.
The remaining appeals are based on a misreading of the judgment under appeal or do not relate a distortion of the facts. The complaints directed against grounds of the judgement under appeal included purely for the sake of completeness cannot in any event lead to the judgement's being set aside.
IPPT20190704, CJEU, FTI Touristik v EUIPO
C-99/18 P - ECLI:EU:C2019:565
