Information;Judgment — ECLI:EU:T:2023:255
Date: 2023-05-17
Language of the case: German
Court formation: First Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Judgment of the General Court (First Chamber) of 17 May 2023 – moderne Stadt v EUIPO (DEUTZER HAFEN KÖLN) (Case T‑657/22) (1) (EU trade mark – Application for EU word mark DEUTZER HAFEN KÖLN – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Equality of treatment) 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 – Assessment of the descriptive character of a sign – Criteria (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraphs 14-17) 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 – Geographical names (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraphs 18-20) 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 – Word mark DEUTZER HAFEN KÖLN (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraphs 24, 32-36) 4. 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 – Neologism consisting of elements descriptive of characteristics of the goods or services concerned – Whether included where the nature of the combination is not unusual (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraphs 30, 31) 5. EU trade mark – Decisions of EUIPO – Principle of equal treatment – Principle of sound 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 paragraph 45) Operative part The Court: 1. Dismisses the action; 2. Orders moderne Stadt Gesellschaft zur Förderung des Städtebaues und der Gemeindeentwicklung mbH and the European Union Intellectual Property Office (EUIPO) to bear their own respective costs. 1 OJ C 472, 12.12.2022.