Information;Judgment — ECLI:EU:T:2025:184
Date: 2025-02-26
Language of the case: English
Court formation: Seventh Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Judgment of the General Court (Seventh Chamber) of 26 February 2025 – eBilet Polska v EUIPO (eBilet) (Case T‑197/24) ( EU trade mark – Application for EU figurative mark eBilet – Absolute ground for refusal – Descriptive nature – Article 7(1)(c) of Regulation (EU) 2017/1001 ) 1. EU trade mark – Appeals procedure – Action before the EU judicature – Jurisdiction of the General Court – Alteration of a decision of EUIPO – Assessment in the light of the powers conferred on the Board of Appeal (European Parliament and Council Regulation 2017/1001, Art. 72(3)) (see paragraph 9) 2. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks consisting exclusively of signs or indications which may serve to designate the characteristics of a product or service – Concept (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraphs 15, 16) 3. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks consisting exclusively of signs or indications which may serve to designate the characteristics of a product or service – Assessment of the descriptive character of a sign – Criteria (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraph 17) 4. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks consisting exclusively of signs or indications which may serve to designate the characteristics of a product or service – Aim – Need to preserve availability (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraph 18) 5. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks consisting exclusively of signs or indications which may serve to designate the characteristics of a product or service – Figurative mark eBilet (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraphs 24, 26-28) 6. EU trade mark – Definition and acquisition of the EU trade mark – Refusal of registration based on one of the absolute grounds for refusal set out in Article 7(1) of Regulation 2017/1001 – Whether sufficient (European Parliament and Council Regulation 2017/1001, Art. 7(1)) (see paragraph 32) 7. 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 stringent and full examination in each individual case (European Parliament and Council Regulation 2017/1001) (see paragraph 36) Operative part The Court: 1. Dismisses the action; 2. Orders each party to bear its own costs.