Information;Judgment — ECLI:EU:T:2022:216
Date: 2022-04-06
Language of the case: French
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Summary of the pleas in law on which the application is based – Pleas in law not set out in the application – General reference to other documents – Inadmissibility (Rules of Procedure of the General Court, Art. 177(1)(d)) (see para. 21) 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 – Assessment of the descriptive nature of a sign – Geographical names (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paras 27-32, 46) 4. 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 – Composite mark – Taking into account the overall perception of the mark by the relevant public (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paras 34, 41, 42) 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 – Word mark AMSTERDAM POPPERS (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paras 44, 47-51) 6. EU trade mark – Procedural provisions – Examination of the facts of EUIPO’s own motion – Scope – Obligation to prove matters within common knowledge – No obligation (European Parliament and Council Regulation 2017/1001, Art. 95(1)) (see para. 45) Operative part The Court: 1. Dismisses the action; 2. Orders Funline International to pay the costs. 1 OJ C 502, 13.12.2021.