Judgment;Information — ECLI:EU:T:2025:209
Date: 2025-03-05
Language of the case: English
Court formation: Seventh Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Poland

Judgment of the General Court (Seventh Chamber) of 5 March 2025 – Kapitan Navi Elżbieta Stramek i Waldemar Karpiński v EUIPO – Homann Feinkost (Matjesfilethappen nach ‘Kolberger Art’) (Case T‑89/24) ( EU trade mark – Invalidity proceedings – EU word mark Matjesfilethappen nach ‘Kolberger Art’ – Absolute grounds for invalidity – No distinctive character – Descriptive character – No distinctive character acquired through use – Article 7(1)(b) and (c) and (3) of Regulation (EU) 2017/1001 ) 1. EU trade mark – Appeals procedure – Action before the EU judicature – Jurisdiction of the General Court – Review of the facts in the light of evidence produced for the first time before it – Not included (European Parliament and Council Regulation 2017/1001, Art. 72) (see paragraphs 13, 14) 2. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks consisting exclusively of signs or indications which may serve to designate the characteristics of a product or service – Meaning (European Parliament and Council Regulation 2017/1001, Arts 7(1)(c) and 59(1)(a)) (see paragraphs 21, 23, 38) 3. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks consisting exclusively of signs or indications which may serve to designate the characteristics of a product or service – Aim – Need to preserve availability (European Parliament and Council Regulation 2017/1001, Arts 7(1)(c) and 59(1)(a)) (see paragraph 22) 4. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks consisting exclusively of signs or indications which may serve to designate the characteristics of a product or service – Concept of characteristic (European Parliament and Council Regulation 2017/1001, Arts 7(1)(c) and 59(1)(a)) (see paragraph 24) 5. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – 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, Arts 7(1)(c) and 59(1)(a)) (see paragraphs 25, 42) 6. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks consisting exclusively of signs or indications which may serve to designate the characteristics of a product or service – Word mark Matjesfilethappen nach ‘Kolberger Art’ (European Parliament and Council Regulation 2017/1001, Arts 7(1)(c) and 59(1)(a)) (see paragraphs 30, 45-47) 7. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Refusal of registration based on one of the absolute grounds for refusal set out in Article 7(1) of Regulation 2017/1001 – Whether sufficient (European Parliament and Council Regulation 2017/1001, Arts 7(1) and 59(1)(a)) (see paragraph 51) 8. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks devoid of any distinctive character – Exception – Distinctive character acquired through use – Burden of proof (European Parliament and Council Regulation 2017/1001, Arts 7(3) and 59(2)) (see paragraph 57) 9. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks devoid of any distinctive character – Exception – Distinctive character acquired through use – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Arts 7(3) and 59(2)) (see paragraphs 58, 59, 72) 10. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks devoid of any distinctive character – Exception – Distinctive character acquired through use – Word mark Matjesfilethappen nach ‘Kolberger Art’ (European Parliament and Council Regulation 2017/1001, Arts 7(3) and 59(2)) (see paragraphs 65, 66, 69, 70, 73, 74) Operative part The Court: 1. Dismisses the action; 2. Orders Kapitan Navi Elżbieta Stramek i Waldemar Karpiński sp.j., in addition to bearing its own costs, to pay those incurred by Homann Feinkost GmbH for the purposes of the proceedings before the Court; 3. Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs.