Judgment;Information — ECLI:EU:T:2024:288
Date: 2024-05-08
Language of the case: Spanish
Court formation: First Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded;Action for annulment - inadmissible

Judgment of the General Court (First Chamber) of 8 May 2024 – The Not Company v EUIPO (NOT MILK) (Case T‑320/23) (1) ( EU trade mark – Application for EU figurative mark NOT MILK – Absolute grounds for refusal – No distinctive character – Descriptive character – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 – Obligation to state reasons – Equal treatment – Principle of sound administration ) 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 – Meaning (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraphs 17, 18) 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 – Composite mark (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraphs 19, 50) 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 – Aim – Need to preserve availability (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraph 20) 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 of characteristic (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraphs 35-37) 5. 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 NOT MILK (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraphs 40-46, 53, 55, 66) 6. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Examination of the grounds for refusal having regard 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 paragraphs 59-62) 7. 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 – Recourse by the Board of Appeal to implicit reasoning – Whether permissible – Conditions (Art. 296 TFEU; European Parliament and Council Regulation 2017/1001, Art. 94(1), first sentence) (see paragraphs 74, 75) 8. 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 paragraphs 79-81, 83) Operative part The Court: 1. Dismisses the action; 2. Declares that each party is to bear their own costs. 1 OJ C 261, 24.7.2023.