Information;Judgment — ECLI:EU:T:2023:497
Date: 2023-09-06
Language of the case: German
Court formation: First Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (First Chamber) of 6 September 2023 – Groz-Beckert v EUIPO (Position of the colours white, red and dark green on cuboid packaging) (Case T‑276/22) (1) (EU trade mark – Application for the EU trade mark consisting in the application of the colours white, red and dark green to cuboid packaging – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Examination of the facts of EUIPO’s own motion – Article 95(1) of Regulation 2017/1001) 1. EU trade mark – Appeals procedure – Action before the EU judicature – Jurisdiction of the General Court – Re-evaluation of the facts in the light of evidence produced for the first time before it – Precluded (European Parliament and Council Regulation 2017/1001, Art. 72) (see paragraph 10) 2. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Concept – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraphs 17, 23, 36, 55) 3. EU trade mark – Definition and acquisition of the EU trade mark – Signs of which a trade mark may consist – Colours or combinations of colours – Condition – Distinctive character – Account to be taken of the public interest in not unduly restricting the availability of colours (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraphs 18-22) 4. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Marks constituted by a colour or combination of colours (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraph 26) 5. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Mark consisting in the application of the colours white, red and dark green to cuboid packaging (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraphs 27-34) 6. EU trade mark – Decisions of EUIPO – Principle of equal treatment – Principle of sound administration – EUIPO’s previous decision-making practice – Principle of legality – Need for a stringent and full examination in each individual case (European Parliament and Council Regulation 2017/1001) (see paragraphs 44, 45) 7. 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 paragraphs 50, 51, 53) Operative part The Court: 1. Dismisses the action; 2. Orders Groz‑Beckert KG to pay the costs. 1 OJ C 257, 4.7.2022.