Information;Judgment — ECLI:EU:T:2021:393
Date: 2021-06-30
Language of the case: German
Court formation: Third Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Summary of the pleas in law on which the application is based (Statute of the Court of Justice, Art. 21, first para., and 53, first para.; Rules of Procedure of the General Court, Art. 177(1)(d)) (see para. 16) 3. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Three-dimensional trade marks consisting of the shape of the product itself – Distinctive character – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paras 23-27, 33) 4. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Three-dimensional trade marks consisting of the shape of the product itself – Shape of a handgrip with a brush (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paras 43, 48-51) 5. 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 strict and complete examination in each particular case (see para. 52) 6. EU trade mark – Definition and acquisition of the EU trade mark – Prior registration of the trade mark in certain Member States – Effect (see para. 57) Re: Action brought against the decision of the Fifth Board of Appeal of EUIPO of 11 July 2019 (Case R 2428/2018-5) concerning an application for registration of a three-dimensional sign consisting of the shape of a handgrip with a brush as an EU trade mark. Operative part The Court: 1. Dismisses the action; 2. Orders Welter’s Co. Ltd to pay the costs.