Judgment — ECLI:EU:T:2019:171
Date: 2019-03-20
Language of the case: German
Court formation: Seventh Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - successful
Origin: Germany

Judgment of the General Court (Seventh Chamber) of 20 March 2019 – Grammer v EUIPO (Representation of a shape) (Case T‑762/17) (EU trade mark — Application for EU figurative mark representing a shape — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 (now 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 — Meaning — Criteria for assessment (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 13-15, 17-19) 2. EU trade mark — Procedural provisions — Statement of reasons for decisions — First sentence of Article 75 of Regulation No 207/2009 — Scope identical to that of Article 296 TFEU (Art. 296 TFEU; Council Regulation No 207/2009, Art. 75, first sentence) (see paras 23, 24) 3. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Figurative sign representing a shape (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 25-37) Re: Action brought against the decision of the Fourth Board of Appeal of EUIPO of 6 September 2017 (Case R 2250/2016-4), concerning an application for registration of a shape as an EU figurative mark. Operative part The Court: 1. Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 6 September 2017 (Case R-2250/2016); 2. Orders EUIPO to pay the costs, including the costs necessarily incurred by Grammer AG for the purposes of the proceedings before the Board of Appeal of EUIPO.