Weber-Stephen Products LLC v EUIPO

In Weber-Stephen Products LLC v EUIPO the General Court (GC) rejected an EUTM application for 'iGrill' in class 9 for computer software, hardware and electronic food thermometers. The mark was held descriptive of the goods, as the 'i' denoted 'intelligent' or 'interactive'.

Whilst from an EU perspective the decision is not particularly surprising, it highlights discussion around the descriptiveness of 'i'-prefixed marks, as well as descriptiveness more generally. Absent any EUIPO practice note it also clarifies the law in relation to such marks, which is helpful given the tech-savvy times we are in. Ironically, the iPhone and iPad devices that underpin the iGrill technology were registered per se around 10 years ago. Weber filed evidence of previously registered 'i' marks in the technology sector but the GC said the EUIPO Board of Appeal had not erred in dismissing these given the factual circumstances of the case.