The European Court ruled in Case T-190/15. The case concerns an attempt for registration of the following European trademark:
Class 9: ‘Computer software and computer programs; application software for mobile phones and the Internet; Software used as an application programming interface (API) software facilitates online services for social networking, the development of social networking applications; software in the form of mobile Applications for viewing and sharing of geographic location of a user and search and find other users and websites and interact with them “;
Class 38: “Providing access to a global computer network; providing access to databases; Internet communications network; providing access to electronic databases, and online computer, telecommunication services, namely electronic transmission of data, messages and information; providing online communication forums on topics of common interest, facilitating access to third party websites via a universal login; providing discussion forums and electronic bulletin boards online, providing an online network that allows users to transfer data identity and share personal information for identification or on several websites; Providing access to computer databases in the social network “;
Class 45: ‘Personal and social services assistance to individuals intended to constitute, manage and expand their own social network. ”
OHIM refused the registration of this mark based on absolute grounds for refusal, 7 (1) b) CTMR.
According to the Office above mark is indistinctive, it is merely a promotional statement which associate with the technical means facilitating meetings between people. The presence of font and colors is not enough to create a distinctive mark and cannot make consumers to perceive it as a distinctive sign.