Judgment;Information — ECLI:EU:T:2023:655
Date: 2023-10-18
Language of the case: English
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded;Action for annulment - inadmissible
Origin: Denmark

Summary of the pleas in law on which the application is based – Pleas in law not set out in the application – General reference to other documents – Inadmissibility (Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the General Court, Art. 177(1)(d)) (see paragraphs 13, 14) 2. 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 19) 3. 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 20, 21, 28) 4. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Marks consisting of advertising slogans – Distinctive character – Application of specific criteria for assessment – Not permissible (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraphs 22, 23) 5. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Marks consisting of advertising slogans – Distinctive character – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraphs 24-27) 6. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Figurative mark ENDURANCE (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraphs 41-43, 45, 55, 56) 7. Judicial proceedings – Submission of evidence – Time limit – Evidence lodged out of time – Conditions – Decision-making practice of EUIPO which postdates the proceedings – Whether permissible (Rules of Procedure of the General Court, Art. 85) (see paragraph 73) 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 74-77) Operative part The Court: 1. Dismisses the action; 2. Orders Sports Group Denmark A/S to pay the costs. 1 OJ C 424, 7.11.2022.