Information;Judgment — ECLI:EU:T:2022:195
Date: 2022-03-30
Language of the case: German
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (Tenth Chamber) of 30 March 2022 – Daimler v EUIPO (Representation of three-pointed stars on a black background II) (Case T‑278/21) (1) (EU trade mark – Application for EU pattern mark – Representation of three-pointed stars on a black background II – Absolute ground for refusal – Lack of 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 distinctive character – Assessment of distinctive character – Sign being confused with the appearance of the designated product (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paras 11, 12, 17-21) 2. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Pattern mark representing three-pointed stars on a black background II (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paras 22, 26, 31, 33-35) 3. EU trade mark – Definition and acquisition of the EU trade mark – Assessment of the registrability of a sign – EU rules only taken into account – Decisions of national authorities not binding EU bodies (see para. 30) Operative part The Court: 1. Dismisses the action; 2. Orders Daimler AG to pay the costs. 1 OJ C 278, 12.7.2021.