Judgment;Information — ECLI:EU:T:2024:401
Date: 2024-06-19
Language of the case: English
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Judgment of the General Court (Sixth Chamber) of 19 June 2024 – Coinbase v EUIPO (Representation of a broken circle) (Case T-304/23) (1) ( EU trade mark – International registration designating the European Union – Figurative mark representing a broken circle – Absolute ground for refusal – No 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 any distinctive character – Concept of distinctiveness (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraph 15) 2. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Assessment of distinctive character – Criteria (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraphs 16, 18, 19) 3. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Assessment of distinctive character – Sign composed of a basic geometric figure (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraphs 22, 24) 4. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of any 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 paragraph 23) 5. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Figurative mark representing a broken circle (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraphs 25-28) 6. EU trade mark – Definition and acquisition of the EU trade mark – Assessment of the registrability of a sign – EU rules only taken into account – Decisions of national authorities not binding on EU bodies (European Parliament and Council Regulation 2017/1001) (see paragraph 40) 7. EU trade mark – Decisions of EUIPO – Principle of equal treatment – Principle of sound administration – EUIPO’s previous decision-making practice (see paragraphs 42, 43) Operative part The Court: 1. Dismisses the action; 2. Orders Coinbase, Inc., to pay the costs. 1 OJ C 252, 17.7.2023.