Information;Judgment — ECLI:EU:T:2021:464
Date: 2021-07-14
Language of the case: English
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Judgment of the General Court (Ninth Chamber) of 14 July 2021 – Upper Echelon Products v EUIPO (Everlasting Comfort) (Case T‑562/20) (EU trade mark – International registration designating the European Union – Word mark Everlasting Comfort – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001) 1. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods – Meaning (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paras 28, 30) 2. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service – Aim – Need to preserve availability (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see para. 29) 3. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service – Assessment of the descriptive nature of a sign – Criteria (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see para. 31) 4. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service – Word mark EVERLASTING COMFORT (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paras 33-35, 42, 43, 48-51) 5. EU trade mark – Decisions of EUIPO – Principle of equal treatment – Principle of sound administration – EUIPO’s previous decision-making practice – Principle of legality (European Parliament and Council Regulation No 2017/1001) (see paras 56, 57) 6. EU trade mark – Procedural provisions – Statement of reasons for decisions – First sentence of Article 94(1) of Regulation 2017/1001 – Scope identical to that of Article 296 TFEU – Essential formality (Art. 296 TFEU; Charter of Fundamental Rights of the European Union, Art. 41(2); Regulation of the European Parliament and of the Council 2017/1001, Art. 94(1), first sentence) (see paras 65, 66) Re: Action brought against the decision of the First Board of Appeal of EUIPO of 14 July 2020 (Case R 952/2020-1) relating to the international registration designating the European Union in respect of the word mark Everlasting Comfort. Operative part The Court: 1. Dismisses the action; 2. Orders Upper Echelon Products LLC to pay the costs.