Order;Information — ECLI:EU:T:2023:726
Date: 2023-11-14
Language of the case: English
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Order of the General Court (Second Chamber) of 14 November 2023 – 3M v EUIPO (Representation of two parallel luminous yellow bands separated by a silver grey band with transparent parallel slanted lines running through the three bands) (Case T‑801/22) (1) (EU trade mark – Application for EU figurative mark representing two parallel luminous yellow bands separated by a silver grey band with transparent parallel slanted lines running through the three bands – Absolute ground for refusal – Sign consisting exclusively of the shape of goods which is necessary to obtain a technical result – Article 7(1)(e)(ii) of Regulation (EC) No 207/2009 (now Article 7(1)(e)(ii) of Regulation (EU) 2017/1001) – Action manifestly lacking any foundation in law) 1. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Signs which consist exclusively of the shape of goods which is necessary to obtain a technical result – Concept – Interpretation in the light of the public interest underlying each of them (Council Regulation No 207/2009, Art. 7(1)(e)(ii)) (see paragraph 15) 2. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Signs which consist exclusively of the shape of goods which is necessary to obtain a technical result – Concept – Presence of non-essential characteristics with no technical function – Existence of other shapes allowing the same technical result to be obtained – Not relevant to the ground for refusal (Council Regulation No 207/2009, Art. 7(1)(e)(ii)) (see paragraphs 16-18) 3. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Signs which consist exclusively of the shape of goods which is necessary to obtain a technical result – Identification of the essential characteristics of a sign (Council Regulation No 207/2009, Art. 7(1)(e)(ii)) (see paragraph 19) 4. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Signs which consist exclusively of the shape of goods which is necessary to obtain a technical result – Exception – Distinctive character acquired through use – Inapplicability (Council Regulation No 207/2009, Art. 7(1)(e)(ii)) (see paragraph 20) 5. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Signs which consist exclusively of the shape of goods which is necessary to obtain a technical result – Assessment of the essential characteristics in the light of the technical function of the goods (Council Regulation No 207/2009, Art. 7(1)(e)(ii)) (see paragraphs 31, 45, 46) 6. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Signs which consist exclusively of the shape of goods which is necessary to obtain a technical result – Figurative mark representing two parallel luminous yellow bands separated by a silver grey band with transparent parallel slanted lines running through the three bands (Council Regulation No 207/2009, Art. 7(1)(e)(ii)) (see paragraphs 34, 35, 39, 47, 48) Operative part 1. The action is dismissed. 2. 3M Company and the European Union Intellectual Property Office (EUIPO) shall each bear their own costs. 1 OJ C 54, 13.2.2023.