Judgment — ECLI:EU:T:2019:86
Date: 2019-02-13
Language of the case: German
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

summary of the pleas in law on which the application is based — General reference to other documents not annexed to the application — Inadmissibility (Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the General Court, Art. 177(1)(d)) (see para. 25) 2. EU trade mark — Appeals procedure — Appeal to a Board of Appeal — Competence of the Boards of Appeal — New full examination of the merits (European Parliament and Council Regulation 2017/1001, Art. 71(1)) (see para. 29) 3. EU trade mark — Procedural provisions — Examination of the facts of the Office’s own motion — Invalidity proceedings concerning absolute grounds for refusal — Examination restricted to the submissions of the parties (European Parliament and Council Regulation 2017/1001, Arts 7 and 95(1)) (see para. 30) 4. EU trade mark — Definition and acquisition of the EU trade mark — Absolute grounds for refusal — Relevant date for examining an absolute ground for refusal — Date of lodging the application for registration (European Parliament and Council Regulation 2017/1001, Art. 7(1)) (see para. 33) 5. 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. 38) 6. 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 — Meaning (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paras 39, 40, 71) 7. 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 — Assessment of the descriptive nature of a sign — Criteria (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see para. 41) 8. 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 — Word mark DENTALDISK (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paras 43, 49-54, 62, 65-67, 69, 75) 9. EU trade mark — Definition and acquisition of the EU trade mark — Application for registration of a sign for all the goods or services falling within the same category — Assessment of the descriptiveness of the sign concerning all the goods or services (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see para. 59) Re: Action brought against the decision of the Fifth Board of Appeal of EUIPO of 30 January 2018 (Case R 741/2017-5) concerning an application for registration of the word sign DENTALDISK as an EU trade mark. Operative part The Court: 1. Dismisses the action; 2. Orders Nemius Group GmbH to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO).