Order;Information — ECLI:EU:T:2021:109
Date: 2021-02-25
Language of the case: German
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Order of the General Court (Sixth Chamber) of 25 February 2021 – Ultrasun v EUIPO (ULTRASUN) (Case T‑437/20) (Action for annulment – EU trade mark – Application for the EU word mark ULTRASUN – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law) 1. Judicial proceedings – Decision taken by way of reasoned order – Possibility of ruling without an oral procedure – Action manifestly lacking any foundation in law (Rules of Procedure of the General Court, Art. 126) (see para. 10) 2. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods – Definition – Mark composed of a word or neologism resulting from a combination of elements (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paras 22, 39) 3. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods – Assessment of the descriptive nature of a sign – Criteria (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paras 23, 24, 32) 4. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods – Word mark ULTRASUN (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paras 25, 26, 33-35) 5. EU trade mark – Decisions of the Office – Principle of equal treatment – Principle of sound administration – EUIPO’s previous decision-making practice – Principle of legality – Need for a strict and complete examination in each particular case (Art. 296, second para., TFEU; European Parliament and Council Regulation 2017/1001, Art. 75) (see para. 43) Re: Action brought against the decision of the Fourth Board of Appeal of EUIPO of 27 April 2020 (Case R 1453/2019-4), concerning an application for registration of the word sign ULTRASUN as an EU trade mark. Operative part 1. The action is dismissed. 2. Ultrasun AG shall pay the costs.