Information;Judgment — ECLI:EU:T:2024:612
Date: 2024-09-11
Language of the case: English
Court formation: Third Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Sweden

Judgment of the General Court (Third Chamber) of 11 September 2024 – Väderstad v EUIPO (Position of a combination of presentational features) (Joined Cases T‑361/23 to T‑364/23) (1) ( EU trade mark – Applications for EU trade marks consisting of the position of a combination of presentational features – Subject matter of the dispute – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation 2017/1001 ) 1. EU trade mark – Appeals procedure – Action before the EU judicature – Jurisdiction of the General Court – Review of the lawfulness of decisions of the Boards of Appeal – Annulment or alteration for reasons appearing after the decision was adopted – Precluded (European Parliament and Council Regulation 2017/1001, Arts 72(2) and 95) (see paragraph 15) 2. EU trade mark – Appeals procedure – Action before the EU judicature – Limitation of the list of goods and services after the decision of the Board of Appeal – Consequences (Rules of Procedure of the General Court, Art. 188; European Parliament and Council Regulation 2017/1001, Art. 49(1)) (see paragraphs 16, 18) 3. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Concept of distinctiveness (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraph 26) 4. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Assessment of distinctive character – Criteria (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraphs 27, 72) 5. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Assessment of distinctive character – Criteria – Position mark – Applicability of general principles relating to the assessment of the distinctive character of colour marks to position marks consisting of the position of colours (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraph 36) 6. EU trade mark – Definition and acquisition of the EU trade mark – Signs of which a trade mark may consist – Colours or combinations of colours – Condition – Distinctive character – Account to be taken of the public interest in not unduly restricting the availability of colours (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraphs 37, 38, 42, 43, 53) 7. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Marks consisting of the position of a combination of presentational features (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraphs 48, 50, 54, 58, 63, 68, 70, 74, 79, 80) 8. EU trade mark – Procedural provisions – Examination of the facts of EUIPO’s own motion – Scope – No obligation to prove matters within common knowledge (European Parliament and Council Regulation 2017/1001, Art. 95(1)) (see paragraphs 65-67) Operative part The Court: 1. Dismisses the actions; 2. Orders each party to bear its own costs. 1 OJ C 304, 28.8.2023.