Information;Judgment — ECLI:EU:T:2020:604
Date: 2020-12-16
Language of the case: German
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - successful
Origin: Germany

Judgment of the General Court (Second Chamber) of 16 December 2020 – Voco v EUIPO (Shape of packaging) (Case T‑118/20) (EU trade mark – Application for a three-dimensional EU trade mark – Shape of packaging – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001) 1. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Meaning (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see para. 25) 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 – Criteria (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see para. 26) 3. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Three-dimensional trade marks consisting of the shape of the product itself – Distinctive character – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paras 27-29, 41) 4. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Three-dimensional trade mark consisting of the shape of packaging (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paras 31, 42-44, 46-48) 5. EU trade mark – Procedural provisions – Examination of the facts of EUIPO’s own motion – Registration of a new trade mark – Absolute grounds for refusal – Burden of proof (European Parliament and Council Regulation 2017/1001, Arts 7(1) and 95(1)) (see para. 45) Re: Action brought against the decision of the Fifth Board of Appeal of EUIPO of 4 December 2019 (Case R 978/2019-5) concerning an application for registration of a three-dimensional sign consisting of the shape of packaging as an EU trade mark. Operative part The Court: 1. Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 4 December 2019 (Case R 978/2019-5); 2. Orders EUIPO to pay the costs.