Information;Judgment — ECLI:EU:T:2023:30
Date: 2023-02-01
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 1 February 2023 – Krematorium am Waldfriedhof Schwäbisch Hall v EUIPO (aquamation) (Case T‑319/22) (1) (EU trade mark – Application for the EU word mark aquamation – 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 composed exclusively of signs or indications capable of designating the characteristics of a product or service – Concept (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraphs 17, 19) 2. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service – Aim – Need to preserve availability (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraph 18) 3. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service – Assessment of the descriptive nature of a sign – Criteria (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraphs 20, 32, 33) 4. EU trade mark – Procedural provisions – Probative value of the evidence –Articles from an encyclopaedia established on the internet (see paragraph 28) 5. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service – Word mark aquamation (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraphs 30, 35, 36, 39-41) 6. EU trade mark – Procedural provisions – Probative value of the evidence –Sources from non-EU territories (see paragraph 34) 7. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Overlap of the scope of the grounds set out in Article 7(1)(b) and Article 7(1)(c) of Regulation 2017/1001 (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b) and (c)) (see paragraph 43) Operative part The Court: 1. Dismisses the action; 2. Orders the parties to bear their own costs. 1 OJ C 276, 18.7.2022.