Information;Judgment — ECLI:EU:T:2021:71
Date: 2021-02-10
Language of the case: German
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (Second Chamber) of 10 February 2021 – Bachmann v EUIPO (LICHTYOGA) (Case T‑157/20) (EU trade mark – Application for EU word mark LICHTYOGA – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001) 1. EU trade mark – Procedural provisions – Statement of reasons for decisions – First sentence of Article 94(1) of Regulation 2017/1001 – Scope identical to that of Article 296 TFEU (Art. 296 TFEU; European Parliament and Council Regulation 2017/1001, Art. 94(1), first sentence) (see para. 25) 2. EU trade mark – Definition and acquisition of the EU trade mark – Relative 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 8(1) and 94(1)) (see paras 26-28, 68) 3. EU trade mark – Definition and acquisition of the EU trade mark – Application for registration of a sign for all the goods or services falling within the same category – Assessment of the descriptiveness of the sign concerning all the goods or services (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paras 40-43) 4. EU trade mark – Definition and acquisition of the EU trade mark – Application for registration of a sign in respect of all goods falling within a single category – Assessment of the descriptiveness of the sign concerning all the goods (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see para. 44) 5. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods – Word mark LICHTYOGA (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paras 47, 56, 58, 66, 67, 69) 6. Community trade mark – Decisions of the Office – Legality – Examination by the EU judicature – Criteria (European Parliament and Council Regulation 2017/1001) (see para. 70) 7. EU trade mark – Decisions of the Office – Principle of equal treatment – Principle of sound administration – EUIPO’s previous decision-making practice – Principle of legality – Need for a strict and complete examination in each particular case (see paras 71-73) Re: Action brought against the decision of the Second Board of Appeal of EUIPO of 9 December 2019 (Case R 2317/2019-2), concerning an application for registration of the word sign LICHTYOGA as an EU trade mark. Operative part The Court: 1. Dismisses the action; 2. Orders Gabriele Bachmann to pay the costs.