EU trade mark dispute: Washtower

On 20 November, the General Court of the European Union (GCEU) ruled in case T-376/23 concerning the EU word mark No. 018193675, "Washtower", owned by the Dutch company Washtower IP BV.

 

In 2021, the Korean company LG Electronics filed an application for a declaration of invalidity of the EU trade mark with the EUIPO in respect of Class 20 of the Nice Classification, which includes products such as furniture and cabinets for washing machines or dryers. LG Electronics argued that the word “Washtower” was descriptive and devoid of any distinctive character which could justify the protection of this very common term as a trade mark. Both the Opposition Division and the Board of Appeal upheld the declaration of invalidity based on Article 59(1)(a) and Article 7(1)(b) and (c) EUTMR. The Board of Appeal considered that the contested mark was indeed descriptive of the goods covered by it for English-speaking consumers and was therefore devoid of any distinctive character. It also noted that the term 'washtower' would be perceived by consumers as a direct reference to the purpose, shape and type of the goods, describing a tall machine associated with washing.

 

Washtower IP BV appealed to the General Court, which had to determine whether the mark was descriptive and lacked distinctive character.

 

 Upholding the decision of the EUIPO, the Court concluded that the mark "WASHTOWER", composed of the terms "wash" and "tower", directly suggests the function and shape of the related goods, such as furniture and cabinets for washing machines. Furthermore, the Court noted that the EUIPO had provided sufficient evidence, including dictionary definitions, to support the conclusion that the mark was descriptive. Therefore, the Court held that the mark "WASHTOWER" lacked distinctive character because its meaning was clear and obvious to English-speaking consumers, who could be expected to pay above-average attention, due to the nature of the goods, which are not frequently purchased and where aesthetic considerations may influence the choice.