Information;Judgment — ECLI:EU:T:2020:284
Date: 2020-06-25
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

Judgment of the General Court (Third Chamber) of 25 June 2020 – Serviceplan Gruppe für innovative Kommunikation v EUIPO (Serviceplan) (Case T‑379/19) (EU trade mark – Application for the EU word mark Serviceplan – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Obligation to state reasons – First sentence of Article 94(1) of Regulation 2017/1001) 1. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Word mark Serviceplan (Regulation 2017/1001 of the European Parliament and of the Council, Art. 7(1)(b)) (see paras 26, 45-57) 2. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Concept (Regulation 2017/1001 of the European Parliament and of the Council, Art. 7(1)(b)) (see paras 41-43) 3. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Assessment of distinctiveness- Criteria (Regulation 2017/1001 of the European Parliament and of the Council Art. 7(1)(b)) (see paras 44, 50) 4. EU trade mark – Procedural provisions – Statement of reasons for decisions – Aim (Regulation 2017/1001 of the European Parliament and of the Council, Art. 94(1), first sentence) (see para. 67) 5. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Examination of the grounds for refusal having regard to each of the products or services covered by the application for registration – Obligation to state the reasons for refusing to register – Scope (Regulation 2017/1001 of the European Parliament and of the Council, Arts 7(1)(b) and 94(1), first sentence) (see paras 68, 71) 6. EU trade mark – Decisions of the Office – 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 (Regulation 2017/1001 of the European Parliament and of the Council) (see paras 81, 83, 84) Re Action brought against the decision of the Fifth Board of Appeal of EUIPO of 18 March 2019 (Case R 1424/2018-5) concerning an application for registration of the word sign Serviceplan as an EU trade mark. Operative part The Court: 1. Dismisses the action; 2. Orders Serviceplan Gruppe für innovative Kommunikation GmbH & Co. KG to pay the costs.