Information;Judgment — ECLI:EU:T:2026:11
Date: 2026-01-14
Language of the case: German
Court formation: Eighth Chamber
Procedure: Action for annulment
Origin: Austria

Judgment of the General Court (Eighth Chamber) of 14 January 2026 – Variuscard v EUIPO (CRYPTOSTAMP) (Case T‑140/25) ( EU trade mark – Application for EU word mark CRYPTOSTAMP – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Equal treatment – Principle of good administration ) 1. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks consisting exclusively of signs or indications which may serve to designate the characteristics of a product or service – Meaning (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraphs 17, 30, 38, 46) 2. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – 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, Art. 7(1)(c)) (see paragraphs 18, 26, 39) 3. EU trade mark – Appeals procedure – Action before the EU Courts – Decision of a body of EUIPO forming part of the context of the decision of the Board of Appeal (European Parliament and Council Regulation 2017/1001, Art. 72) (see paragraph 24) 4. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks consisting exclusively of signs or indications which may serve to designate the characteristics of a product or service – Word mark CRYPTOSTAMP (European Parliament and Council Regulation 2017/1001, Art. 7(1)(c)) (see paragraphs 25, 31-34, 45, 49-59) 5. 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(1) and 94(1), first sentence) (see paragraphs 40-42) 6. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – 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, Art. 7(1)(c)) (see paragraphs 47, 48) 7. EU trade mark – Decisions of EUIPO – Principle of equal treatment – Principle of good administration – EUIPO’s previous decision-making practice – Principle of legality – Need for a stringent and full examination in each individual case (European Parliament and Council Regulation 2017/1001) (see paragraphs 68-70) Operative part The Court: 1. Dismisses the action; 2. Orders each of Variuscard Produktions – und Handels GmbH and the European Union Intellectual Property Office (EUIPO to bear their own costs.