Judgment;Information — ECLI:EU:T:2024:718
Date: 2024-10-23
Language of the case: Spanish
Court formation: Third Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded;Action for annulment - inadmissible

Judgment of the General Court (Third Chamber) of 23 October 2024 – Grupo Bimbo v EUIPO (Shape of a flat and round biscuit) (Case T‑1048/23) ( EU trade mark – Application for a three-dimensional EU trade mark – Shape of a flat and round biscuit – Absolute ground for invalidity – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 ) 1. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Concept of distinctiveness (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraph 17) 2. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Three-dimensional trade marks consisting of the shape of the product itself – Distinctive character – Criteria for assessment – Shape in question being a ‘variant’ of the habitual shapes of the type of products concerned – Fact not sufficient to establish distinctiveness of the mark (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraphs 18-22, 33) 3. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Three-dimensional mark consisting of the shape of a flat and round biscuit (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraphs 25, 27, 36, 41) 4. EU trade mark – Procedural provisions – Examination of the facts of EUIPO’s own motion – Registration of a new trade mark – Absolute grounds for refusal – Burden of proof (European Parliament and Council Regulation 2017/1001, Arts 7(1) and 95(1)) (see paragraph 31) 5. 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 39, 40) Operative part The Court: 1. Dismisses the action; 2. Orders Grupo Bimbo, SAB de CV and the European Union Intellectual Property Office (EUIPO) to bear their own costs.