Information;Judgment — ECLI:EU:T:2024:730
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;Action for annulment - inadmissible
Origin: Germany

Judgment of the General Court (Seventh Chamber) of 23 October 2024 – Daimler Truck v EUIPO (TRUCKS YOU CAN TRUST) (Case T‑1167/23) ( EU trade mark – International registration designating the European Union – Word mark TRUCKS YOU CAN TRUST – 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 paragraph 14) 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, 16) 3. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Marks consisting of advertising slogans – Distinctive character – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraphs 17, 19) 4. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Marks consisting of advertising slogans – Distinctive character – Application of specific criteria for assessment – Not permissible (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraph 18) 5. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Word mark TRUCKS YOU CAN TRUST (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraphs 28-33) Operative part The Court: 1. Dismisses the action; 2. Orders Daimler Truck AG to bear its own costs; 3. Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs.