Judgment — ECLI:EU:T:2019:41
Date: 2019-01-31
Language of the case: German
Court formation: Eighth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (Eighth Chamber) of 31 January 2019 – Geske v EUIPO (SATISFYERMEN) (Case T‑427/18) (EU trade mark — Application for the EU figurative mark SATISFYERMEN — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001 — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001 — Duty to state reasons — First sentence of Article 94 of Regulation (EU) 2017/1001) 1. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service — Aim — Need to preserve availability (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see para. 17) 2. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service — Concept (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paras 19-23, 39) 3. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service — Criteria (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see para. 24) 4. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods — Marque Figurative mark SATISFYERMEN (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paras 26, 35, 37, 38) 5. Action for annulment — Pleas in law — Lack of or inadequate statement of reasons — Separate ground from the one concerning substantive legality (Art. 263 TFEU) (see para. 49) Re: Action brought against the decision of the First Board of Appeal of EUIPO of 10 May 2018 (Case R 2603/2017-1), relating to the application for registration of the figurative mark SATISFYERMEN as an EU trade mark. Operative part The Court: 1. Dismisses the action; 2. Orders Mr André Geske to pay the costs.