Information;Judgment — ECLI:EU:T:2022:553
Date: 2022-09-14
Language of the case: German
Court formation: Fifth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Austria

Summary of the pleas in law on which the application is based – Application not sufficiently clear and precise – Inadmissibility (Statute of the Court of Justice, Arts 21, first para., and 53, first para.; Rules of Procedure of the General Court, Arts 76(d) and 177(1)(d) and (e)) (see paragraphs 18, 19) 2. EU trade mark – Appeals procedure – Action before the EU judicature – Jurisdiction of the General Court – Review of the lawfulness of decisions of the Boards of Appeal – Re-examination of the facts in the light of evidence not previously submitted before EUIPO bodies – Precluded (European Parliament and Council Regulation 2017/1001, Art. 72) (see paragraphs 34, 35) 3. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – 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 (Council Regulation No 207/2009, Arts 7(1)(c) and 52(1)(a)) (see paragraph 54) 4. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service – Concept of characteristic (Council Regulation No 207/2009, Arts 7(1)(c) and 52(1)(a)) (see paragraphs 55, 56) 5. EU trade mark – Procedural provisions – Examination of the facts of EUIPO’s own motion – Invalidity proceedings concerning absolute grounds for refusal – Examination restricted to the facts, evidence and arguments provided (Council Regulation No 207/2009, Arts 7(1), 52, 55 and 76(1)) (see paragraph 62) 6. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service – Word mark SKILLTREE STUDIOS (Council Regulation No 207/2009, Arts 7(1)(c) and 52(1)(a)) (see paragraphs 72, 73, 78, 81, 82, 87) Operative part The Court: 1. Dismisses the action; 2. Orders Blueroots Technology GmbH to pay the costs. 1 OJ C 462, 15.11.2021.