Order;Information — ECLI:EU:T:2024:141
Date: 2024-02-26
Language of the case: English
Court formation: Eighth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Order of the General Court (Eighth Chamber) of 26 February 2024 – Thomas Henry v EUIPO – Shanghai Chengzhi Enterprise Service Center (MATE MATE) (Case T-505/23) (1) ( EU trade mark – Invalidity proceedings – Figurative EU mark MATE MATE – Absolute ground for invalidity – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law ) 1. EU trade mark – Procedural provisions – Statement of reasons for decisions – First sentence of Article 94(1) of Regulation 2017/1001 – Scope identical to that of Article 296 TFEU (Art. 296 TFEU; Council and European Parliament Regulation 2017/1001, Art. 94(1), first sentence) (see paragraph 20) 2. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Examination of the grounds for refusal having regard to each of the goods or services covered by the application for registration – Obligation to state the reasons for refusing to register – Scope (European Parliament and Council Regulation 2017/1001, Arts 7 and 94(1), first sentence) (see paragraphs 26, 27) 3. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – 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 the trade mark – Criteria (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraphs 33, 34, 42, 52, 55) 4. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks consisting exclusively of signs or indications which may serve to designate the characteristics of a product or service – Figurative mark MATE MATE (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraphs 43, 44, 46, 49, 50, 52, 56, 59) Operative part 1. The action is dismissed. 2. Each party shall bear its own costs. 1 OJ C 33, 9.10.2023.