Information;Judgment — ECLI:EU:T:2024:726
Date: 2024-10-23
Language of the case: English
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Finland

Judgment of the General Court (Sixth Chamber) of 23 October 2024 – Olvi v EUIPO – Koninklijke De Kuyper (FIZZ Cider) (Case T‑1132/23) (1) ( EU trade mark – Invalidity proceedings – Figurative mark FIZZ Cider – Absolute grounds for invalidity – Descriptive character – No distinctive character – Article 7(1)(b) and (c) and Article 51(1)(a) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) and Article 59(1)(a) of Regulation (EU) 2017/1001) – Evidence submitted for the first time before the Board of Appeal – Article 95(2) of Regulation 2017/1001 – Article 27(4) of Delegated Regulation (EU) 2018/625 – Obligation to state reasons – Right to be heard – Article 94(1) of Regulation 2017/1001 ) 1. EU trade mark – Procedural provisions – Examination of the facts of EUIPO’s own motion – Facts and evidence not submitted in due time – Account taken – Discretion of EUIPO (European Parliament and Council Regulation 2017/1001, Art. 95(2); Commission Regulation 2018/625, Art. 27(4)) (see paragraphs 17-19, 28) 2. EU trade mark – Procedural provisions – Statement of reasons for decisions – Scope (European Parliament and Council Regulation 2017/1001, Art. 94(1)) (see paragraph 35) 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 (Council Regulation No 40/94, Arts 7(1)(c) and 51(1)(a)) (see paragraph 46) 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 – Meaning (Council Regulation No 40/94, Arts 7(1)(c) and 51(1)(a)) (see paragraphs 47, 48, 57) 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 (Council Regulation No 40/94, Arts 7(1)(c) and 51(1)(a)) (see paragraphs 49, 50, 63) 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 – Figurative mark FIZZ Cider (Council Regulation No 40/94, Arts 7(1)(c) and 51(1)(a)) (see paragraphs 54, 56, 59, 60, 64, 65) Operative part The Court: 1. Dismisses the action; 2. Orders each party to bear its own costs. 1 OJ C C/2024/969, 29.1.2024.