Information;Judgment — ECLI:EU:T:2024:313
Date: 2024-05-15
Language of the case: German
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (Second Chamber) of 15 May 2024 – Cellphenomics v EUIPO (CellCompDx) (Case T‑512/23) (1) ( EU trade mark – Application for EU word mark CellCompDx – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 ) 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 – Assessment of the descriptive character of a sign – Criteria (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraphs 13-15, 20, 29, 30, 46) 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 – Word mark CellCompDx (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraphs 21, 27, 31, 34, 35, 39, 42) 3. EU trade mark – Definition and acquisition of the EU trade mark – Assessment of the registrability of a sign – EU rules only taken into account – Decisions of national authorities not binding on EU bodies (European Parliament and Council Regulation 2017/1001) (see paragraph 25) Operative part The Court: 1. Dismisses the action; 2. Orders each party to bear its own costs. 1 OJ C 36, 9.10.2023