Information;Order — ECLI:EU:T:2021:304
Date: 2021-05-31
Language of the case: English
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Order of the General Court (Sixth Chamber) of 31 May 2021 – König Ludwig International v EUIPO (Royal Bavarian Beer) (Case T‑332/20) (EU trade mark – International registration designating the European Union – Word mark Royal Bavarian Beer – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Right to be heard – Article 94(1) of Regulation 2017/1001 – Unitary character of the EU trade mark – Article 1(2) of Regulation 2017/1001 – Action manifestly lacking any foundation in law) 1. EU trade mark – Decisions of the Office – Observance of the rights of the defence (European Parliament and Council Regulation 2017/1001, Art. 94(1)) (see paras 20, 23) 2. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service – Concept (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paras 33, 35, 36) 3. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service – Aim – Need to preserve availability (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see para. 34) 4. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service – Criteria (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paras 37, 47, 52) 5. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service – Word mark Royal Bavarian Beer (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paras 46, 58, 59) 6. EU trade mark – Decisions of the Office – Principle of equal treatment – Principle of sound administration – The Office’s previous decision-making practice – Principle of legality – Need for a strict and complete examination in each particular case (European Parliament and Council Regulation 2017/1001) (see paras 54, 56, 57) 7. EU trade mark – Definition and acquisition of the EU trade mark – Assessment of the registrability of a sign – EU rules only taken into account – Earlier registration of the mark in certain Member States or third countries – Decisions not binding EU bodies (European Parliament and Council Regulation 2017/1001) (see para. 65) Re: Action brought against the decision of the Fourth Board of Appeal of EUIPO of 1 April 2020 (Case R 1714/2019-4), relating to the international registration designating the European Union in respect of the word mark Royal Bavarian Beer. Operative part 1. The action is dismissed as manifestly lacking any foundation in law. 2. König Ludwig International GmbH & Co. KG shall pay the costs.