Information;Judgment — ECLI:EU:T:2024:729
Date: 2024-10-23
Language of the case: English
Court formation: Seventh Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Judgment of the General Court (Seventh Chamber) of 23 October 2024 – Nike Innovate v EUIPO (SUPPORT-FIT) (Case T‑1072/23) (1) ( EU trade mark – Application for the EU word mark SUPPORT-FIT – Absolute grounds for refusal – Descriptive character – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 ) 1. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks consisting exclusively of signs or indications which may serve to designate the characteristics of a product or service – Assessment of the descriptive character of a sign – Criteria (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraphs 13, 15-18) 2. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks consisting exclusively of signs or indications which may serve to designate the characteristics of a product or service – Aim – Need to preserve availability (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraph 14) 3. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks consisting exclusively of signs or indications which may serve to designate the characteristics of a product or service – Concept – Mark consisting of a word or neologism produced by a combination of elements (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraph 34) 4. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks consisting exclusively of signs or indications which may serve to designate the characteristics of a product or service – Word mark SUPPORT-FIT (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraphs 35, 36, 40) 5. 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 38, 39) Operative part The Court: 1. Dismisses the action; 2. Orders each party to bear its own costs. 1 OJ C 450, 3.1.2024.