Information;Judgment — ECLI:EU:T:2026:5
Date: 2026-01-14
Language of the case: Hungarian
Court formation: First Chamber
Procedure: Action for annulment
Origin: Netherlands

Judgment of the General Court (First Chamber) of 14 January 2026 – Atlas Invest v EUIPO (BioTechUSA) (Case T‑117/25) ( EU trade mark – Application for the European Union figurative mark BioTechUSA – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Obligation to state reasons – Article 94(1) of Regulation 2017/1001 ) 1. EU trade mark – Appeals procedure – Action before the EU judicature – Jurisdiction of the General Court – Alteration of a decision of EUIPO – Assessment in the light of the powers conferred on the Board of Appeal (European Parliament and Council Regulation 2017/1001, Art. 72(3)) (see paragraph 13) 2. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks consisting exclusively of signs or indications which may serve to designate the characteristics of a product or service – Concept (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraphs 19, 20, 22) 3. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – 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, Art. 7(1)(c)) (see paragraphs 21, 23, 24, 30, 32, 33) 4. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks consisting exclusively of signs or indications which may serve to designate the characteristics of a product or service – Sign capable of having several meanings – Refusal of registration given the descriptive character of at least one of the potential meanings (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraph 31) 5. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks consisting exclusively of signs or indications which may serve to designate the characteristics of a product or service –Figurative mark BioTechUSA (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraphs 34, 44-46, 48, 49, 58, 63, 69) 6. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Separate examination of the grounds for refusal in relation to each of the goods or services covered by the application for registration – Obligation to state the reasons for refusing to register – Scope (European Parliament and Council Regulation 2017/1001, Arts 7(1) and 94(1), first sentence) (see paragraphs 40, 41) 7. EU trade mark – Decisions of EUIPO – Principle of equal treatment – Principle of good administration – EUIPO’s previous decision-making practice – Principle of legality – Need for a stringent and full examination in each individual case (European Parliament and Council Regulation 2017/1001) (see paragraphs 62, 65-68) 8. EU trade mark – Definition and acquisition of the EU trade mark – Refusal of registration based on one of the absolute grounds for refusal listed in Article 7(1) of Regulation 2017/1001 – Whether sufficient (European Parliament and Council Regulation 2017/1001, Art. 7(1)) (see paragraph 74) 9. EU trade mark – Procedural provisions – Statement of reasons for decisions – First sentence of Article 94(1) of Regulation 2017/1001 – Same scope as Article 296 TFEU (Art. 296, second para., TFEU; European Parliament and Council Regulation 2017/1001, Art. 94(1), first sentence) (see paragraph 81) Operative part 1. The decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 19 December 2024 (Case R 378/2024-4) is annulled in so far as it dismissed the appeal against the examiner’s decision of 15 December 2023 concerning the European Union figurative mark BioTechUSA in relation to goods in Class 5 within the meaning of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, of 15 June 1957, as revised and amended, and corresponding to the following description: ‘Medication boxes, portable, filled’. 2. The remainder of the action is dismissed. 3. Atlas Invest BV and EUIPO shall each bear their own costs incurred in the proceedings before the General Court.