Judgment;Information — ECLI:EU:T:2023:433
Date: 2023-07-26
Language of the case: English
Court formation: Fifth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded;Action for annulment - inadmissible
Origin: Poland

Summary of the pleas in law on which the application is based – Similar requirements for submissions made in support of a plea – Abstract statement – Inadmissibility (Statute of the Court of Justice, Arts 21, first para., and 53, first para.; Rules of Procedure of the General Court, Art. 177(1)(d)) (see paragraphs 17, 100) 2. EU trade mark – Procedural provisions – Statement of reasons for decisions – First sentence of Article 94(1) of Regulation 2017/1001 – Scope identical to that of Article 296 TFEU – Essential procedural requirement (Art. 296 TFEU; European Parliament and Council Regulation 2017/1001, Art. 94(1), first sentence) (see paragraphs 22, 23) 3. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks devoid of distinctive character – Definition – Criteria for assessment (Council Regulation No 40/94, Arts 7(1)(b) and 51(1)(a)) (see paragraphs 30-33, 55, 70) 4. 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 (European Parliament and Council Regulation 2017/1001, Arts 7, 59 and 95(1)) (see paragraph 34) 5. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Registration contrary to Article 7 of Regulation No 40/94 – Relevant date for the examination of an absolute ground for invalidity – Date of filing of the application for registration (Council Regulation No 40/94, Arts 7(1)(b) and 51(1)(a)) (see paragraph 35) 6. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks devoid of distinctive character – Three-dimensional trade marks consisting of the shape of the product itself – Distinctive character – Criteria for assessment (Council Regulation No 40/94, Arts 7(1)(b) and 51(1)(a)) (see paragraphs 42, 43) 7. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks devoid of distinctive character – Figurative mark consisting of the two-dimensional representation of a product – Distinctive character – Criteria for assessment (Council Regulation No 40/94, Arts 7(1)(b) and 51(1)(a)) (see paragraph 44) 8. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks devoid of distinctive character – Figurative mark representing the outline of a bear (Council Regulation No 40/94, Arts 7(1)(b) and 51(1)(a)) (see paragraphs 47, 48, 54, 55, 59, 67, 71, 74, 79) 9. EU trade mark – Decisions of EUIPO – Principle of equal treatment – Principle of sound administration – EUIPO’s previous decision-making practice – Principle of legality (European Parliament and Council Regulation 2017/1001) (see paragraph 72) 10. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Signs consisting exclusively of shape giving substantial value to the goods – Aim (Council Regulation No 40/94, Arts 7(1)(e)(iii) and 51(1)(a)) (see paragraphs 84-86) Operative part The Court: 1. Dismisses the action; 2. Orders Apart sp. z o.o. to pay the costs. 1 OJ C 462, 15.11.2021.