Information;Judgment — ECLI:EU:T:2021:46
Date: 2021-01-27
Language of the case: German
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (Ninth Chamber) of 27 January 2021 – Eggy Food v EUIPO (EGGY FOOD) (Case T‑287/20) (EU trade mark – Application for EU figurative mark EGGY FOOD – Absolute ground for refusal – Descriptiveness – Article 7(1)(c) of Regulation (EU) 2017/1001) 1. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Separate examination of the various grounds for refusal (European Parliament and Council Regulation 2017/1001, Art. 7(1)) (see para. 27) 2. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service – Aim – Need to preserve availability (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see para. 30) 3. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service –Definition (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paras 31, 32, 43) 4. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service – Assessment of the descriptive nature of a sign – Criteria – Composite mark – Taking into account the overall perception of the mark by the relevant public (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paras 33-35) 5. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service – Figurative mark EGGY FOOD (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paras 37, 44, 53, 54) 6. EU trade mark – Definition and acquisition of the EU trade mark – Assessment of the registrability of a sign – EU rules only taken into account – Earlier registration of the mark in certain Member States or third countries – Decisions not binding EU bodies (European Parliament and Council Regulation No 2017/1001) (see para. 52) 7. EU trade mark – Decisions of the Office – Legality – Examination by the EU judicature – Criteria (European Parliament and Council Regulation No 2017/1001) (see para. 57) 8. 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 (European Parliament and Council Regulation No 2017/1001) (see para. 58) 9. EU trade mark – Definition and acquisition of the EU trade mark –Refusal to register based on one of the absolute grounds of refusal listed in Article 7(1) of Regulation 2017/1001 – Whether sufficient (European Parliament and Council Regulation 2017/1001, Art. 7(1)) (see para. 64) Re: Action brought against the decision of the Fifth Board of Appeal of EUIPO of 9 March 2020 (Case R 1316/2019-5) concerning an application for registration of the figurative sign EGGY FOOD as an EU trade mark. Operative part 1. Dismisses the action; 2. Orders Eggy Food GmbH & Co KG to pay the costs.