Information;Judgment — ECLI:EU:T:2025:733
Date: 2025-07-16
Language of the case: English
Court formation: Eighth Chamber
Procedure: Action for annulment - unfounded
Origin: Luxembourg

Judgment of the General Court (Eighth Chamber) of 16 July 2025 – Rigo Trading v EUIPO (Representation of a wavy rectangle) (Case T-215/24) ( EU trade mark – International registration designating the European Union – Figurative mark representing a wavy rectangle – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 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 14, 23) 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, 42, 52) 3. 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 – Perception of the trade mark by the relevant public – Level of attention of the public (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (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 representing a wavy rectangle (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraphs 19, 28-30, 35) 5. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Recognition of the distinctive character of the sign not subject to a finding of a specific level of linguistic or artistic creativity or imaginativeness (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraph 24) 6. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Sign composed of a basic geometric figure (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraphs 25, 26) 7. EU trade mark – Decisions of EUIPO – Principle of equal treatment – Principle of good 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 39, 61, 62) 8. 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 – Recourse by the Board of Appeal to implicit reasoning – Whether permissible – Conditions (Art. 296 TFEU; Charter of Fundamental Rights of the European Union, Art. 41(2)(c); European Parliament and Council Regulation 2017/1001, Art. 94(1), first sentence) (see paragraph 60) 9. EU trade mark – Procedural provisions – Decisions of EUIPO – Observance of the rights of the defence – Scope of the principle (European Parliament and Council Regulation 2017/1001, Art. 94(1), second sentence) (see paragraph 63) Operative part The Court: 1. Dismisses the action; 2. Orders Rigo Trading SA to pay the costs.