Judgment;Information — ECLI:EU:T:2021:792
Date: 2021-11-17
Language of the case: German
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Austria

Judgment of the General Court (Sixth Chamber) of 17 November 2021 – Think Schuhwerk v EUIPO (Shape of red shoe lace aglets) (Case T‑298/19) (EU Trade Mark – Application for a figurative EU trade mark representing red shoe lace aglets – Rejection of application – Absolute grounds for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Essentially identical previous application – No res judicata – Obligation to state reasons – Right to be heard – Article 94(1) of Regulation 2017/1001 – Examination of the facts by EUIPO of its own motion – Article 95 of Regulation 2017/1001) 1. Judicial proceedings – Res judicata – Scope – Inadmissibility of a second action – Conditions – Parties, subject matter and cause of the two actions identical (see paras 28, 29) 2. 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 (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 34-36) 3. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Red shoe lace aglets (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 41-44, 49, 66) 4. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Separate examination of the various grounds for refusal – Interpretation of the grounds for refusal in the light of the public interest underlying each of them – Use of a relevant criterion in the context of Article 7(1)(c) of Regulation No 207/2009 in the interpretation of subparagraph (b) of that provision – Not permissible (Council Regulation No 207/2009, Art. 7(1)(b) and (c)) (see paras 45-48) 5. EU trade mark – Procedural provisions – Statement of reasons for decisions – Scope (Art. 296 TFEU; Charter of Fundamental Rights of the European Union, Art. 41(2); European Parliament and Council Regulation 2017/1001, Art. 94(1)) (see paras 55, 56) 6. 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 strict and complete examination in each particular case (see paras 81, 82) Re: Action brought against the decision of the Fifth Board of Appeal of EUIPO of 1 March 2019 (Case R 1170/2018-5), concerning an application for registration of a figurative sign representing red shoe lace aglets as an EU trade mark. Operative part The Court: 1. Dismisses the action; 2. Orders Think Schuhwerk GmbH to pay the costs.