In Cases T-582/11 and T-583/11, Solar-Fabrik AG für Produktion und Vertrieb von solartechnischen Produkten (Germany) had sought to register for two word signs PREMIUM L and PREMIUM XL for goods and Classes 9 and 11.

The OHIM considered these goods were addressed to the specialized public as well as the final consumer. The CTM’s had to be refused on the grounds of Article 7 (1) c) and b) CTMR because the relevant public will establish a direct link with the quality of the goods namely that the solar panels are “particularly great and performing”.

The GC confirmed that these signs had to be refused for registration given that the letters XL and L are frequently used in common language to refer to size, even for goods other than clothing and next to another descriptive term such as PREMIUM, will simply be perceived as laudatory terms incapable of referring to an indication of origin.