Judgment;Information — ECLI:EU:T:2022:193
Date: 2022-03-30
Language of the case: Spanish
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - successful

Judgment of the General Court (Ninth Chamber) of 30 March 2022 – Établissement Amra v EUIPO – eXpresio, estudio creativo (Shape of a rebound shoe) (Case T‑264/21) (1) (EU trade mark – Invalidity proceedings – EU three-dimensional mark – Shape of a rebound shoe – Absolute ground for refusal – Sign consisting exclusively of the shape of goods which is necessary to obtain a technical result – Article 7(1)(e)(ii) of Regulation (EU) 2017/1001 – Presence of word elements – Lack of essential non-functional characteristics) 1. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Signs which consist exclusively of the shape of goods which is necessary to obtain a technical result – Concept – Interpretation in the light of the public interest underlying each of them (European Parliament and Council Regulation 2017/1001, Art. 7(1)(e)(ii)) (see paras 28-30) 2. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Signs which consist exclusively of the shape of goods which is necessary to obtain a technical result – Concept – Existence of other shapes allowing the same technical result to be obtained – Not relevant to the ground for refusal (European Parliament and Council Regulation 2017/1001, Art. 7(1)(e)(ii)) (see paras 31, 32) 3. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Signs which consist exclusively of the shape of goods which is necessary to obtain a technical result – Identification of the essential characteristics of a three-dimensional sign – Distinctive character of the elements of a sign – Irrelevant (European Parliament and Council Regulation 2017/1001, Art. 7(1)(e)(ii)) (see paras 33-35, 42-44, 51) 4. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Signs which consist exclusively of the shape of goods which is necessary to obtain a technical result – Assessment of the essential characteristics in the light of the technical function of the goods (European Parliament and Council Regulation 2017/1001, Art. 7(1)(e)(ii)) (see paras 36, 37) 5. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Signs which consist exclusively of the shape of goods which is necessary to obtain a technical result – Perception of the average consumer – Effect (European Parliament and Council Regulation 2017/1001, Art. 7(1)(e)(ii)) (see paras 40, 41) 6. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Registration contrary to Article 7(1)(e)(ii) of Regulation 2017/1001 – Three-dimensional mark consisting of the shape of a rebound shoe (European Parliament and Council Regulation 2017/1001, Art. 7(1)(e)(ii)) (see paras 45, 50, 52, 59-66) Operative part The Court: 1. Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 15 March 2021 (Case R 1083/2020-1); 2. Orders EUIPO to pay the costs. 1 OJ C 263, 5.7.2021.