Information;Order — ECLI:EU:T:2023:183
Date: 2023-03-31
Language of the case: German
Court formation: Third Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Order of the General Court (Third Chamber) of 31 March 2023 – Mocom Compounds v EUIPO – Centemia Conseils (Near-to-Prime) (Case T‑472/22) (1) (EU trade mark – Invalidity proceedings – EU word mark Near-to-Prime – Absolute ground for invalidity – Descriptive character – Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) – Action manifestly lacking any foundation in law) 1. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks which consist exclusively of signs or indications which may serve to designate the characteristics of a product or service – Concept – Mark composed of a word or neologism resulting from a combination of elements (Council Regulation No 207/2009, Art. 7(1)(c)) (see paragraphs 19-22) 2. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks which consist 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 (Council Regulation No 207/2009, Art. 7(1)(c)) (see paragraph 23) 3. EU trade mark – Procedural provisions – Decisions of EUIPO – Clerical error – Irrelevant – Conditions (European Parliament and Council Regulation 2017/1001) (see paragraph 24) 4. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks which consist exclusively of signs or indications which may serve to designate the characteristics of a product or service – Word mark Near-to-Prime (Council Regulation No 207/2009, Art. 7(1)(c)) (see paragraphs 26-28, 31, 34, 35) Operative part 1. The action is dismissed as manifestly lacking any foundation in law. 2. Each party shall bear its own costs. 1 OJ C 359, 19.9.2022.