Round-up of EU trade mark decisions in 2020

Abstract

This article provides an analysis of the following EU trade mark decisions issued in 2020 (listed in reverse chronological order): These decisions are discussed below and are divided by area: I. Absolute grounds for refusal (Articles 4 EUTMD1 and 7 EUTMR2) Distinctiveness/descriptiveness Public policy/morality Deceptiveness and bad faith Conflict with protected designations of origin (PDOs) and protected geographical indications (PGIs); II. Relative grounds for refusal (Art 8 EUTMR) Trade marks with a reputation The analysis of each decision is presented in accordance with the following template: Distinctiveness/descriptiveness Teva: whether slogans are capable of indicating the commercial origin of goods Case T-697/19, Teva Pharmaceutical Industries Ltd v European Union Intellectual Property Office (EUIPO) The General Court held that a slogan can indicate the commercial origin of the goods or services in question, when that sign is not merely an ordinary advertising message, but possesses instead a certain degree of originality or resonance.