Information;Judgment — ECLI:EU:T:2023:21
Date: 2023-01-25
Language of the case: Swedish
Court formation: Eighth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Sweden

Judgment of the General Court (Eighth Chamber) of 25 January 2023 – Scania CV v EUIPO (V8) (Case T‑320/22) (1) (EU trade mark – Application for EU figurative mark V8 – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – No distinctive character acquired through use – Article 7(3) of Regulation 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 – Assessment of the descriptive nature of a sign – Criteria (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraphs 17, 18, 31, 46) 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 – Figurative mark V8 (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraphs 28, 32, 33, 35, 41) 3. EU trade mark – Decisions of EUIPO – Legality – Examination by the EU judicature – Criteria – EUIPO examination guidelines – Effect (European Parliament and Council Regulation 2017/1001) (see paragraph 34) 4. 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 40) 5. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Exception – Distinctive character acquired through use – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 7(3)) (see paragraphs 52, 54-57) 6. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Exception – Distinctive character acquired through use – Burden of proof (European Parliament and Council Regulation 2017/1001, Art. 7(3)) (see paragraph 53) 7. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Exception – Distinctive character acquired through use – Trade mark devoid of distinctive character throughout the EU – Acquisition by use also throughout the EU (European Parliament and Council Regulation 2017/1001, Art. 7(3)) (see paragraphs 58, 73, 74) 8. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Exception – Distinctive character acquired through use – Probative value of the evidence (European Parliament and Council Regulation 2017/1001, Art. 7(3)) (see paragraphs 61, 62, 75-77, 86, 93) Operative part The Court: 1. Dismisses the action; 2. Orders each party to bear its own costs. 1 OJ C 284, 25.7.2022.