Information;Judgment — ECLI:EU:T:2023:432
Date: 2023-07-26
Language of the case: German
Court formation: Third Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded;Action for annulment - decision unnecessary
Origin: Germany

Summary of the pleas in law on which the application is based – Pleas in law not set out in the application – Reference to statement submitted to the Board of Appeal reproduced in the application – Inadmissibility – Re-use, in the application, of certain passages from written submissions lodged with the Board of Appeal – Admissibility (Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the General Court, Art. 177(1)(d)) (see paragraphs 21, 23) 2. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks consisting exclusively of signs or indications which may serve to designate the characteristics of a product or service – Concept (Council Regulation No 40/94, Art. 7(1)(c)) (see paragraphs 29, 30, 58) 3. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – 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 – Breakdown of a word sign into word elements having concrete significance (Council Regulation No 40/94, Art. 7(1)(c)) (see paragraphs 31, 38, 50, 59, 61, 76) 4. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks consisting exclusively of signs or indications which may serve to designate the characteristics of a product or service – Word mark Sütat (Council Regulation No 40/94, Art. 7(1)(c)) (see paragraphs 39-41, 52-54, 66, 68) 5. EU trade mark – Procedural provisions – Decisions of EUIPO – Observance of the rights of the defence – Scope of the principle (European Parliament and Council Regulation 2017/1001, Art. 94(1), second sentence) (see paragraphs 80, 82) Operative part The Court: 1. Dismisses the action; 2. Orders Yayla Türk Lebensmittelvertrieb GmbH to pay the costs. 1 OJ C 276, 18.7.2022.