Information;Judgment — ECLI:EU:T:2024:807
Date: 2024-11-13
Language of the case: English
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Judgment of the General Court (Second Chamber) of 13 November 2024 – Chiquita Brands v EUIPO – Compagnie financière de participation (Representation of a blue and yellow oval) (Case T‑426/23) ( EU trade mark – Invalidity proceedings – EU figurative mark representing a blue and yellow oval – Absolute ground for invalidity – No distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EU) 2017/1001) – No distinctive character acquired through use – Article 7(3) of Regulation No 40/94 (now Article 7(3) of Regulation 2017/1001) ) 1. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks devoid of any distinctive character – Concept of distinctiveness (Council Regulation No 40/94, Arts 7(1)(b) and 51(1)(a)) (see paragraph 22) 2. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks devoid of any distinctive character – Assessment of distinctive character – Criteria (Council Regulation No 40/94, Arts 7(1)(b) and 51(1)(a)) (see paragraph 23) 3. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks devoid of any distinctive character – Sign composed of a basic geometric figure (Council Regulation No 40/94, Arts 7(1)(b) and 51(1)(a)) (see paragraphs 28, 29) 4. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks devoid of any distinctive character – Figurative mark representing a blue and yellow oval (Council Regulation No 40/94, Arts 7(1)(b) and 51(1)(a)) (see paragraphs 36, 45, 46, 49, 55) 5. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Signs of which a trade mark may consist – Colours or combinations of colours – Conditions (Council Regulation No 40/94, Arts 7(1)(b) and 51(1)(a)) (see paragraphs 42-44) 6. EU trade mark – Decisions of EUIPO – Legality – Examination by the EU judicature – Criteria (Council Regulation No 40/94) (see paragraph 50) 7. EU trade mark – Decisions of EUIPO – Principle of equal treatment – Principle of good administration – EUIPO’s previous decision-making practice – Principle of legality (Council Regulation No 40/94) (see paragraph 51) 8. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks devoid of any distinctive character – Exception – Distinctive character acquired through use – Criteria for assessment (Council Regulation No 40/94, Arts 7(3) and 51(2)) (see paragraphs 62, 64, 65, 78) 9. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks devoid of any distinctive character – Exception – Distinctive character acquired through use – Burden of proof (Council Regulation No 40/94, Arts 7(3) and 51(2)) (see paragraph 63) 10. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks devoid of any distinctive character – Exception – Distinctive character acquired through use – Scope – Trade mark devoid of distinctive character throughout the European Union – Acquisition through use also throughout the European Union (Council Regulation No 40/94, Arts 7(1)(b) and (3) and 51(2)) (see paragraphs 66, 67) 11. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks devoid of any distinctive character – Exception – Distinctive character acquired through use – Probative value of the evidence (Council Regulation No 40/94, Arts 7(1)(b) and (3) and 51(2)) (see paragraphs 68, 69, 73) Operative part The Court: 1. Dismisses the action; 2. Orders Chiquita Brands LLC to pay the costs.