Information;Judgment — ECLI:EU:T:2022:816
Date: 2022-12-14
Language of the case: English
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - successful
Origin: Bulgaria

Judgment of the General Court (Ninth Chamber) of 14 December 2022 – Devin v EUIPO – Haskovo Chamber of Commerce and Industry (DEVIN) (Case T‑526/20) (1) (EU trade mark – Invalidity proceedings – EU word mark DEVIN – Absolute grounds for refusal – Descriptive character – Geographical name – Not contrary to public policy – Mark not of such a nature as to mislead the public – Article 7(1)(c), (f) and (g) of Regulation (EC) No 207/2009 (now Article 7(1)(c), (f) and (g) of Regulation (EU) 2017/1001) – Distinctive character acquired through use – Article 7(3) and Article 52(2) of Regulation No 207/2009 (now Article 7(3) and Article 59(2) of Regulation 2017/1001) – Cross-claim) 1. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service – Aim – Need to preserve availability (Council Regulation No 207/2009, Arts 7(1)(c) and 52(1)(a)) (see paragraph 36) 2. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service – Assessment of the descriptive nature of a sign – Geographical names (Council Regulation No 207/2009, Arts 7(1)(c) and 52(1)(a)) (see paragraphs 37-41) 3. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service – Word mark DEVIN (Council Regulation No 207/2009, Arts 7(1)(c) and 52(1)(a)) (see paragraphs 44, 45, 53) 4. Acts of the institutions – Statement of reasons – Obligation – Scope – Correction of an error of reasoning during the proceedings before the Court – Not permissible (Art. 296 TFEU) (see paragraph 49) 5. EU trade mark – Procedural provisions – Examination of the facts of EUIPO’s own motion – Invalidity proceedings concerning absolute grounds for refusal – Examination restricted to the facts, evidence and arguments provided – Well-known facts taken into account (European Parliament and Council Regulation 2017/1001, Arts 7, 59, 62 and 95(1)) (see paragraphs 70, 71, 124) 6. 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 (European Parliament and Council Regulation 2017/1001) (see paragraphs 79, 142) 7. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Trade marks which are contrary to public policy or to accepted principles of morality – Examination by reference to the perception of the sign by the relevant public (Council Regulation No 207/2009, Arts 7(1)(f) and 52(1)(a)) (see paragraphs 84-88) 8. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks of such a nature as to deceive the public – Criteria for assessment (Council Regulation No 207/2009, Arts 7(1)(g) and 52(1)(a)) (see paragraphs 110-112) 9. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks of such a nature as to deceive the public – Word mark DEVIN (Council Regulation No 207/2009, Arts 7(1)(g) and 52(1)(a)) (see paragraphs 114-121) 10. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks devoid of distinctive character – Exception – Distinctive character acquired through use – Criteria for assessment (Council Regulation No 207/2009, Arts 7(3) and 52(2)) (see paragraphs 133-137, 150) 11. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Registration contrary to Article 7(1)(b) and (c) of Regulation No 207/2009 – Exception – Distinctive character acquired through use – Word mark DEVIN (Council Regulation No 207/2009, Arts 7(1)(b) and (c) and (3), as well as 52(2)) (see paragraphs 144, 146, 147, 157) Operative part The Court: 1. Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 28 May 2020 (Case R 2535/2019-1) in so far as it declared the EU trade mark number 9 408 865 to be invalid for all the goods covered other than the product ‘mineral water complying with the specifications of the [protected geographical indication] Devin Natural Mineral Water’ in Class 32; 2. Dismisses the cross-claim; 3. Orders, in respect of the main action, EUIPO to bear, in addition to its own costs, the costs incurred by Devin EAD; and orders Haskovo Chamber of Commerce and Industry to bear its own costs; 4. Orders, in respect of the cross-claim, Haskovo Chamber of Commerce and Industry to bear its own costs and to pay the costs incurred by Devin and by EUIPO. 1 OJ C 339, 12.10.2020.