Information;Judgment — ECLI:EU:T:2022:1
Date: 2022-01-12
Language of the case: Spanish
Court formation: Fifth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Spain

Judgment of the General Court (Fifth Chamber) of 12 January 2022 – Neolith Distribution v EUIPO (Representation of an ornamental pattern) (Case T‑259/21) (EU trade mark – Application for an EU pattern mark – Representation of an ornamental pattern – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001) 1. EU trade mark – Appeals procedure – Action before the EU judicature – Jurisdiction of the General Court – Direction issued to the Office – Not included (Art. 263 TFEU; European Parliament and Council Regulation 2017/1001, Art. 72(6)) (see para. 10) 2. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Concept (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paras 16, 17) 3. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Pattern marks applied to the surface of the product – Distinctive character – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b); Commission Regulation 2018/626, Art. 3(3)(e)) (see paras 18, 28, 31, 32, 34) 4. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Recognition of the distinctive character of the sign not subject to a finding of a specific level of linguistic or artistic creativity or imaginativeness (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see para. 19) 5. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Pattern mark representing an ornamental pattern (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paras 20, 21, 29, 35, 36, 38) 6. EU trade mark – Decisions of EUIPO – Principle of equal treatment – Principle of sound administration – EUIPO’s previous decision-making practice – Principle of legality – Need for a strict and complete examination in each particular case (European Parliament and Council Regulation No 2017/1001) (see paras 42-44) 7. 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; European Parliament and Council Regulation 2017/1001, Art. 94(1), first sentence) (see paras 50, 51) Re: Action brought against the decision of the Fourth Board of Appeal of EUIPO of 12 March 2021 (Case R 2155/2020-4), regarding an application for registration of a pattern sign representing an ornamental pattern as an EU trade mark. Operative part The Court: 1. Dismisses the action; 2. Orders Neolith Distribution, SL to pay the costs.