hyphen GmbH v European Union Intellectual Property Office (T-146/15)

Judgment of 13 Sept 2016

law://eu/cjeu/2015/t-146-15/para_33@2026-11-13

33Paragraph 24 of the contested decision indicates that the Board of Appeal annulled the decision of the Cancellation Division, in essence on the ground it had merely determined, in an isolated manner, whether the added arrangement was in itself distinctive. The Board of Appeal, by contrast, held in the same paragraph that it was appropriate to determine whether the distinctive character of the trade mark in the form registered had been altered by what had been added. The Board of Appeal added that the registered mark was a purely graphical sign, arranged in an extremely simple manner (paragraph 25 of the contested decision) and that, in the case of signs of such extreme simplicity, it was that much easier for additions or alterations to alter the overall impression produced by the sign (paragraph 26 of the contested decision). The Board of Appeal further stated that distinctive character within the meaning of the second subparagraph of Article 15(1)(a) of Regulation No 207/2009 did not refer to suitability for serving as an indication of origin, but merely the overall impression.

hyphen GmbH v European Union Intellectual Property Office (T-146/15)

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