CJEU Case C-240/18 P / Judgment

Constantin Film Produktion GmbH v European Union Intellectual Property Office
Policy area
Culture
Deciding body type
Court of Justice of the European Union
Deciding body
Court (Fifth Chamber)
Typ
Decision
Decision date
27/02/2020
ECLI (European case law identifier)
ECLI:EU:C:2020:118
  • CJEU Case C-240/18 P / Judgment

    Key facts of the case:

    Appeal — EU trade mark — Regulation (EC) No 207/2009 — Article 7(1)(f) — Absolute ground for refusal — Mark contrary to accepted principles of morality — Word sign ‘Fack Ju Göhte’ — Rejection of the application for registration.

    Outcome of the case:

    On those grounds, the Court (Fifth Chamber) hereby:

    1. Sets aside the judgment of the General Court of 24 January 2018, Constantin Film Produktion v EUIPO (Fack Ju Göhte) (T‑69/17, not published, EU:T:2018:27);
    2. Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 1 December 2016 (Case R-2205/2015-5) relating to an application for registration of the word sign ‘Fack Ju Göhte’ as an EU trade mark;
    3. Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs and pay those incurred by Constantin Film Produktion GmbH in relation both to the proceedings at first instance in Case T‑69/17 and on appeal.
  • Paragraphs referring to EU Charter

    56) Lastly, it should also be added that, contrary to the General Court’s finding in paragraph 29 of the judgment under appeal, that ‘there is, in the field of art, culture and literature, a constant concern to preserve freedom of expression which does not exist in the field of trade marks’, freedom of expression, enshrined in Article 11 of the Charter of Fundamental Rights of the European Union, must, as EUIPO acknowledged at the hearing and as the Advocate General states in points 47 to 57 of his Opinion, be taken into account when applying Article 7(1)(f) of Regulation No 207/2009. Such a finding is corroborated, moreover, by recital 21 of Regulation No 2015/2424, which amended Regulation No 207/2009 and recital 21 of Regulation 2017/1001, both of which expressly emphasise the need to apply those regulations in such a way as to ensure full respect for fundamental rights and freedoms, in particular freedom of expression.