Information;Judgment — ECLI:EU:T:2023:394
Date: 2023-07-12
Language of the case: English
Court formation: Third Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Judgment of the General Court (Third Chamber) of 12 July 2023 – Fibrecycle v EUIPO (BACK-2-NATURE) (Case T‑772/22) (1) (EU trade mark – International registration designating the European Union – Word mark BACK-2-NATURE – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001) 1. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Concept – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraph 16) 2. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Marks consisting of advertising slogans – Distinctive character – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraphs 18, 20, 21) 3. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Marks consisting of advertising slogans – Distinctive character – Application of specific criteria for assessment – Not permissible (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraph 19) 4. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Marks consisting of advertising slogans – Laudatory promotional formula (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraphs 22, 23, 54) 5. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Word mark BACK-2-NATURE (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraphs 45, 47-49, 51, 53, 56) 6. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Lack of distinctiveness – Trade mark made up of several elements – Possible for the competent authority to examine each of the elements making up the trade mark – Need to take account of the overall perception of the combination by the relevant public (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraph 50) Operative part The Court: 1. Dismisses the action; 2. Orders the parties to bear their own costs. 1 OJ C 45, 6.2.2023.