The Board of Appeal of the EUIPO has ruled in case R1507/2019-2, which concerns an attempt for registration of the following EU trademark for classes 3 and 5:
EUIPO refused to register the mark based on absolute grounds, Article 7(1)(b) EUTMR, descriptiveness, and lack of distinctiveness for the goods in the aforementioned classes.
The word BIO means ‘biological, organic’ and cannot serve as a source of trade origin.
The Board upheld this decision. The fact that the word BIO is displayed with colors and graphical elements is not enough to overcome the weakness of the sign because alone or in combination these additional elements are not capable to create the necessary distinctiveness.
Source: Alicante news.