Information;Judgment — ECLI:EU:T:2021:228
Date: 2021-04-28
Language of the case: German
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (Ninth Chamber) of 28 April 2021 – Freistaat Bayern v EUIPO (GEWÜRZSOMMELIER) (Case T‑348/20) (EU trade mark – Application for EU word mark GEWÜRZSOMMELIER – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Neologism) 1. 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 – Mark composed of a word or neologism resulting from a combination of elements (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paras 19, 21, 29, 39, 62) 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 – Aim – Need to preserve availability (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see para. 20) 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 – Assessment of the descriptive nature of a sign – Criteria (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see para. 22) 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 – Word mark GEWÜRZSOMMELIER (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paras 35-37, 46-49, 58-60, 72-74) 5. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Registration contrary to Article 7 of Regulation No 207/2009 – Relevant date for the examination of an absolute ground for nullity – Date of lodging the application for registration (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see para. 68) 6. EU trade mark – Decisions of the Office – Principle of equal treatment – Principle of sound administration – EUIPO’s previous decision-making practice – Principle of legality – Need for a strict and complete examination in each particular case (European Parliament and Council Regulation No 2017/1001) (see paras 70, 71) Re: Action brought against the decision of the Second Board of Appeal of EUIPO of 26 March 2020 (Case R 2430/2019-2) concerning an application for registration of the word sign GEWÜRZSOMMELIER as an EU trade mark. Operative part The Court: 1. Dismisses the action; 2. Orders Freistaat Bayern to pay the costs.