Information;Judgment — ECLI:EU:T:2025:108
Date: 2025-01-29
Language of the case: Italian
Court formation: Third Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Italy

Judgment of the General Court (Third Chamber) of 29 January 2025 – Coswell v EUIPO (Biorepair) (Case T‑1128/23) ( EU trade mark – Application for the EU figurative mark Biorepair – Absolute grounds for refusal – No distinctive character – Descriptive character – Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 ) 1. EU trade mark – Appeals procedure – Action before the EU judicature – Legality of a decision issued by EUIPO’s Board of Appeal adjudicating in invalidity proceeding – Challenged by the adducing of new facts – Not permissible – Account taken, for the purposes of interpreting EU law, of EU case-law or national or international case-law not cited before the bodies of EUIPO – Whether permissible (European Parliament and Council Regulation 2017/1001, Art. 72) (see paragraphs 12, 13) 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 – Definition (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraph 19) 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 – Assessment of the descriptive character of a sign – Criteria (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraphs 20, 33, 57) 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 – Definition – 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 paragraphs 37, 46) 5. 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 – Figurative mark Biorepair (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraphs 38, 39, 52, 59) 6. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Separate examination of the grounds for refusal in relation to each of the goods or services covered by the application for registration – Obligation to state the reasons for refusing to register – Scope (European Parliament and Council Regulation 2017/1001, Arts 7(1) and 94(1), first sentence) (see paragraph 44) 7. EU trade mark – Definition and acquisition of the EU trade mark – Refusal of registration based on one of the absolute grounds for refusal set out in Article 7(1) of Regulation 2017/1001 – Whether sufficient (European Parliament and Council Regulation 2017/1001, Art. 7(1)) (see paragraph 64) Operative part The Court: 1. Dismisses the action; 2. Orders Coswell SpA to pay the costs.