GC T-304/16

Bet365 Group v EUIPO; Robert Hansen

Date of decision: 14.12.17

Reg 207/2009

Application

Various goods and services in Classes 9, 28, 35, 36, 38, 41 and 42.

Commentary

The GC partially annulled the BoA's decision that the mark was descriptive under Art 7(1)(c) and had not acquired distinctiveness through use.

In its assessment of acquisition of distinctive character, the BoA erred in law by not taking into account evidence showing use of the mark including in combination with several word elements, as part of figurative marks, as a domain name, as the name of a website and as a company name. The BoA also wrongly disregarded certain evidence including press articles, turnovers, stake figures and advertising investment.

Therefore the BoA had not sufficiently substantiated its decision which the GC annulled in relation to gambling and betting services in Class 41 but dismissed the action in relation the remaining goods and services.