Information;Judgment — ECLI:EU:T:2025:203
Date: 2025-03-05
Language of the case: English

Judgment of the General Court (Second Chamber) of 5 March 2025 – Summerbird v EUIPO – Puratos (AMBER) (Case T‑1121/23) ( EU trade mark – Invalidity proceedings – EU word mark AMBER – Absolute ground for invalidity – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 ) 1. EU trade mark – Appeals procedure – Action before the EU judicature – Jurisdiction of the General Court – Review of the facts in the light of evidence produced for the first time before it – Not included (Rules of Procedure of the General Court, Art. 188; European Parliament and Council Regulation 2017/1001, Art. 72) (see paragraph 14) 2. 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 – Concept (European Parliament and Council Regulation 2017/1001, Arts 7(1)(c) and 59(1)(a)) (see paragraphs 23, 25, 27, 51) 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 a sign – Criteria (European Parliament and Council Regulation 2017/1001, Ars. 7(1)(c) and 59(1)(a)) (see paragraph 24) 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 – Concept of characteristic (European Parliament and Council Regulation 2017/1001, Arts 7(1)(c) and 59(1)(a)) (see paragraphs 26, 28) 5. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Registration contrary to Article 7 of Regulation 2017/1001 – Relevant date for the examination of an absolute ground for invalidity – Date of filing of the application for registration (European Parliament and Council Regulation 2017/1001, Arts 7(1)(c) and 59(1)(a)) (see paragraph 35) 6. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods – Word mark AMBER (European Parliament and Council Regulation 2017/1001, Arts 7(1)(c) and 59(1)(a)) (see paragraphs 45-49, 52, 53) Operative part The Court: 1. Dismisses the action; 2. Orders Summerbird A/S to pay the costs.