Information;Judgment — ECLI:EU:T:2023:507
Date: 2023-09-06
Language of the case: German
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (Second Chamber) of 6 September 2023 – Team Beverage v EUIPO (TEAM BUSINESS IT DATEN – PROZESSE – SYSTEME) (Case T‑786/21) (1) (EU trade mark – Application for EU figurative mark TEAM BUSINESS IT DATEN – PROZESSE – SYSTEME – 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 consisting exclusively of signs or indications which may serve to designate the characteristics of a product or service – Concept (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraphs 16, 17) 2. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks consisting exclusively of signs or indications which may serve to designate the characteristics of a product or service – Assessment of the descriptive character of a sign – Criteria (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraphs 18-20, 46, 59, 60) 3. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks consisting exclusively of signs or indications which may serve to designate the characteristics of a product or service – Figurative mark TEAM BUSINESS IT DATEN – PROZESSE – SYSTEME (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraphs 42, 53, 62) 4. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Separate examination of the grounds for refusal in relation to each of the goods or services covered by the application for registration – Obligation to state the reasons for refusing to register – Scope (European Parliament and Council Regulation 2017/1001, Arts 7(1) and 94(1), first sentence) (see paragraph 47) 5. EU trade mark – Decisions of EUIPO – Legality – Examination by the EU judicature – Criteria (European Parliament and Council Regulation 2017/1001) (see paragraph 66) 6. EU trade mark – Definition and acquisition of the EU trade mark – Assessment of the registrability of a sign – EU rules only taken into account – Earlier registration of the mark in certain Member States or third countries – Decisions not binding EU bodies (European Parliament and Council Regulation 2017/1001) (see paragraph 69) Operative part The Court: 1. Dismisses the action; 2. Orders Team Beverage AG to pay the costs. 1 OJ C 73, 14.2.2022.