The General Court ruled in cases T‑578/15 and Case T‑614/15 where Azur Space Solar Power GmbH tried to register the following EU trademarks for classes Class 7: Electronic generators using solar cells и Class 9: Semiconductors, semiconductor devices, semiconductor devices for solar cells and solar modules, solar cells, solar cells made of III-V material, solar cells having a plurality of band gaps; solar cell modules, solar cell modules with an array of solar cells’:
and
The EUIPO refused the registration of both marks based on their lack of distinctiveness, the signs could be perceived by the professional consumers as representation of an array of solar panels.
The court upheld this decision, stressing the fact that there is no distinctive element in both marks which can help mark to be accepted as a source of origin.
INTELLECTUAL PROPERTY PLANET 