Information;Judgment — ECLI:EU:T:2020:258
Date: 2020-06-10
Language of the case: English
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - successful
Origin: France

Judgment of the General Court (Tenth Chamber) of 10 June 2020 – Louis Vuitton Malletier v EUIPO – Wisniewski (Device of a chequerboard pattern) (Case T‑105/19) (EU trade mark – Invalidity proceedings – International registration designating the European Union – Figurative mark representing a chequerboard pattern – Absolute grounds for refusal – No distinctive character – Well-known facts – Distinctive character acquired through use – Overall assessment of the evidence of the distinctive character acquired through use – Article 7(1)(b) and (3) of Regulation (EU) 2017/1001 – Article 59(1) and (2) of Regulation 2017/1001) 1. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks devoid of distinctive character – Three-dimensional trade marks consisting of the shape of the product itself – Distinctive character – Criteria for assessment (European Parliament and Council Regulation No 2017/1001, Arts 7(1)(b) and 59(1)(a)) (see para. 17) 2. EU trade mark – Procedural provisions – Examination of the facts of EUIPO’s own motion – Invalidity proceedings concerning absolute grounds for refusal – Examination restricted to the facts, evidence and arguments provided – Well-known facts taken into account (European Parliament and Council Regulation No 2017/1001, Arts 7, 59, 62 and 95(1)) (see paras 21-25, 29, 30, 50) 3. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks devoid of distinctive character – Exception – Distinctive character acquired through use – Figurative mark representing a chequerboard pattern (European Parliament and Council Regulation No 2017/1001, Arts 7(1)(b) and (3) and 59(2)) (see paras 32-36, 41, 42, 79-81, 84, 85, 95) 4. EU trade mark – Appeals procedure – Appeal brought against a decision of a unit of the Office ruling at first instance and referred to the Board of Appeal – Functional continuity between those two bodies – Examination of the appeal by the Board of Appeal – Scope (European Parliament and Council Regulation No 2017/1001, Art. 71(1)) (see para. 40) 5. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks devoid of distinctive character – Exception – Distinctive character acquired through use – Criteria for assessment (European Parliament and Council Regulation No 2017/1001, Arts 7(1)(b) and (3), and 59(1) and (2)) (see paras 60, 62-64) 6. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks devoid of distinctive character – Exception – Distinctive character acquired through use – Burden of proof (European Parliament and Council Regulation No 2017/1001, Arts 7(1)(b) and (3), and 59(1) and (2)) (see para. 61) 7. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks devoid of distinctive character – Exception – Distinctive character acquired through use – Scope – Trade mark devoid of distinctive character throughout the EU – Acquisition by use also throughout the EU (European Parliament and Council Regulation No 2017/1001, Arts 7(1)(b) and (3), and 59(2)) (see paras 65-67, 72) 8. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks devoid of distinctive character – Exception – Distinctive character acquired through use – Probative value of the evidence (European Parliament and Council Regulation No 2017/1001, Arts 7(1)(b) and (3), and 59(2)) (see paras 68-71, 82, 83) Re: Action brought against the decision of the Second Board of Appeal of EUIPO of 22 November 2018 (Case R 274/2017-2) relating to invalidity proceedings between Mr Wisniewski and Louis Vuitton Malletier. Operative part The Court: 1. Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 22 November 2018 (Case R 274/2017-2); 2. Orders EUIPO to bear the costs.