Information;Judgment — ECLI:EU:T:2023:702
Date: 2023-11-08
Language of the case: German
Court formation: First Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (First Chamber) of 8 November 2023 – Papier-Mettler v EUIPO (Shape of a bag) (Case T‑113/23) (1) (EU trade mark – Application for a three-dimensional EU trade mark – Shape of a bag – Absolute ground for refusal – 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 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 10, 12-14, 24, 48, 49, 54, 59, 60) 2. EU trade mark – Mark not fulfilling its fundamental function – No general interest in conferring thereon the protection referred to by Regulation 2017/1001 (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraph 11) 3. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Recognition of the distinctive character of the sign not subject to a finding of a specific level of linguistic or artistic creativity or imaginativeness (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraph 15) 4. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Three-dimensional mark consisting of the shape of a bag (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraphs 32-35, 38, 39, 41, 43, 44, 51-53, 55-57) Operative part The Court: 1. Dismisses the action; 2. Orders each party to bear its own costs. 1 OJ C 127, 11.4.2023.