Information;Judgment — ECLI:EU:T:2023:536
Date: 2023-09-13
Language of the case: Spanish
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Spain

Summary of the pleas in law on which the application is based – Pleas in law not set out in the application – General reference to other documents annexed to the application – Inadmissibility (Statute of the Court of Justice, Arts 21, first para. and 53, first para.; Rules of Procedure of the General Court, Art. 177(1)(d)) (see paragraph 10) 2. 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 (Art. 296 TFEU; European Parliament and Council Regulation 2017/1001, Art. 94(1), first sentence) (see paragraph 17) 3. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character –Meaning – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraphs 29-32, 38) 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 – Distinctive character – Application of specific criteria for assessment – Not permissible (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraph 35) 5. 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 36, 37) 6. EU trade mark – Procedural provisions – Examination of the facts of EUIPO’s own motion – Scope – Obligation to prove matters within common knowledge – None – Dispute before the General Court – Submission of documents to demonstrate the accuracy of a well-known fact (European Parliament and Council Regulation 2017/1001, Art. 95(1)) (see paragraphs 42, 43) 7. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Word mark BECAUSE THERE IS NO PLANET B (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraphs 45-49, 53, 54, 58, 60) 8. EU trade mark – Decisions of EUIPO – Principle of equal treatment – Principle of good administration – EUIPO’s previous decision-making practice – Principle of legality – Need for a stringent and full examination in each individual case (European Parliament and Council Regulation 2017/1001) (see paragraphs 50, 57, 65-67, 72) 9. EU trade mark – Decisions of EUIPO – Legality – Examination by the EU judicature – Criteria (European Parliament and Council Regulation 2017/1001) (see paragraphs 68, 70) Operative part The Court: 1. Dismisses the action; 2. Orders Ecoalf Recycled Fabrics, SL to pay the costs. 1 OJ C 284, 25.7.2022.