Information;Judgment — ECLI:EU:T:2023:769
Date: 2023-11-29
Language of the case: English
Court formation: Eighth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Judgment of the General Court (Eighth Chamber) of 29 November 2023 – Myforest Foods v EUIPO (MYBACON) (Case T‑107/23) (1) (EU trade mark – Application for the EU word mark MYBACON – Absolute ground for refusal – Mark of such a nature as to deceive the public – Article 7(1)(g) of Regulation (EU) 2017/1001) 1. 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, second para., TFEU; European Parliament and Council Regulation 2017/1001, Art. 94(1), first sentence) (see paragraph 11) 2. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks of such a nature as to deceive the public – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 7(1)(g)) (see paragraphs 27-30, 42, 54, 55) 3. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks of such a nature as to deceive the public – Word mark MYBACON (European Parliament and Council Regulation 2017/1001, Art. 7(1)(g) and (2)) (see paragraphs 33, 36, 39, 56, 59, 73) Operative part The Court: 1. Dismisses the action; 2. Orders each party to bear its own costs. 1 OJ C 134, 17.4.2023.