Information;Judgment — ECLI:EU:T:2025:914
Date: 2025-09-24
Language of the case: English
Court formation: Sixth Chamber
Procedure: Action for annulment - unfounded;Action for annulment - inadmissible

Judgment of the General Court (Sixth Chamber) of 24 September 2025 – Claims Balkans v EUIPO (CLAIMS) (Case T‑582/24) ( EU trade mark – Application for EU figurative mark CLAIMS – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Obligation to state reasons – Rights of the defence – Article 94(1) of Regulation 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 paragraphs 13, 14) 2. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Assessment of distinctive character – Criteria (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraphs 15, 16, 26) 3. 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 17) 4. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Figurative mark CLAIMS (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraphs 28, 31, 39, 40, 44, 45) 5. EU trade mark – Procedural provisions – EUIPO Decisions – Observance of the rights of the defence – Scope of the principle (Charter of Fundamental Rights of the European Union, Art. 41(2)(a); European Parliament and Council Regulation 2017/1001, Art. 94(1), second sentence) (see paragraph 55) 6. EU trade mark – Appeals procedure – Action before the EU judicature – Condition of admissibility – Pleas directed only against decisions of the Boards of Appeal (European Parliament and Council Regulation 2017/1001, Art. 72(1)) (see paragraph 56) 7. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Assessment by EUIPO of registrability – Production of evidence – Not required (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraph 61) 8. EU trade mark – Procedural provisions – Statement of reasons for decisions – First sentence of Article 94(1) of Regulation 2017/1001 – Same scope as Article 296 TFEU – Recourse by the Board of Appeal to implicit reasoning – Whether permissible – Conditions (Art. 296, second para., TFEU; Charter of Fundamental Rights of the European Union, Art. 41(2); European Parliament and Council Regulation 2017/1001, Art. 94(1), first sentence) (see paragraphs 71-73) Operative part The Court: 1. Dismisses the action; 2. Orders Claims Balkans d.o.o. Beograd and the European Union Intellectual Property Office (EUIPO) each to bear their own costs.