Judgment;Information — ECLI:EU:T:2024:107
Date: 2024-02-21
Language of the case: English
Court formation: Seventh Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Denmark

Judgment of the General Court (Seventh Chamber) of 21 February 2024 – Timothy Jacob Jensen Studios v EUIPO (DESIGNERS TRUST) (Case T‑92/23) (1) ( EU trade mark – International registration designating the European Union – Word mark DESIGNERS TRUST – 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 – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraphs 12-15, 23, 26, 43) 2. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Word mark DESIGNERS TRUST (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraphs 27-31, 36-39, 44-46, 48) 3. EU trade mark – Definition and acquisition of the EU trade mark – Assessment of the registrability of a sign – EU rules only taken into account – Earlier registration of the mark in certain Member States or third countries – Decisions not binding EU bodies (European Parliament and Council Regulation 2017/1001) (see paragraphs 41, 42) 4. EU trade mark – Decisions of EUIPO – Legality – Examination by the EU judicature – Criteria (European Parliament and Council Regulation 2017/1001) (see paragraph 47) Operative part The Court: 1. Dismisses the action; 2. Orders Timothy Jacob Jensen Studios A/S to pay the costs. 1 OJ C 121, 3.4.2023.