The General Court of the EU has ruled in case T‑822/17, Weber-Stephen Products LLC v EUIPO which concerns a European trademark application for word mark iGRILL applied for the following classes:
- 9 ‘Computer Hardware; Computer Software; Software for mobile phones; Electric measuring instruments; Electronic Thermometers, other than for medical use; Monitoring control apparatus (electric); Thermometers; Downloadable Software; Electronic temperature Monitors, other than for medical use; Electronic temperature Recorders, other than for medical use’,
- 21: ‘Household, kitchen and barbecue utensils and containers (not of precious metal or coated therewith); grill cover’.
The EUIPO refused to register this mark based on absolute grounds – descriptiveness. According to the the Office the i letter can be related to intelligible IT technologies, whereas Grill means grill. The decision was appealed.
The Court upheld the EUIPO position. The US company’s arguments that i could not be understood as technology-related matter are dismissed, at least because the mark itself cover a class for such technologies.
According to Weber-Stephen Products, class 9 doesn’t specify any technologies connected to grill products. The Court, however, disagreed stating that the mentioned technologies in this class can be used for grills too.