Do the ‘conventional’ grounds for refusal also apply to EU certification marks? The Fifth Board of Appeal of EUIPO says yes

Abstract

Abstract Boards of Appeal of EUIPO, Cases R 1410/2019-5, Manuka honey; R 2110/2019-5, Bio-Mineralwasser I and R 2112/2019-5, bio mineralwasser (fig.) II, 27 October 2021 The Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) held that EU certification mark applications are, like any other EU trade mark (EUTM) application, assessed on all general grounds of refusal laid down in Article 7(1) of the EU Trade Mark Regulation 2017/1001 (EUTMR). However, when assessing the general grounds of refusal, the specific function of certification must always be kept in mind. In three different cases, the Fifth Board of EUIPO decided that the certification marks Manuka honey and Bio-Mineralwasser (as word and figurative mark) are non-distinctive and descriptive.