Information;Judgment — ECLI:EU:T:2022:654
Date: 2022-10-19
Language of the case: English
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: France

Judgment of the General Court (Tenth Chamber) of 19 October 2022 – Louis Vuitton Malletier v EUIPO – Wisniewski (Representation of a chequerboard pattern II) (Case T‑275/21) (1) (EU trade mark – Invalidity proceedings – International registration designating the European Union – Figurative mark representing a chequerboard pattern – Absolute ground for invalidity – No distinctive character acquired through use – Article 7(3) and Article 51(2) of Regulation (EC) No 40/94 (now Article 7(3) and Article 59(2) of Regulation (EU) 2017/1001) – Overall assessment of the evidence of distinctive character acquired through use – Geographical scope of the evidence of distinctive character acquired through use – Evidence of use of the mark on the internet – Evidence regarding infringement proceedings) 1. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks devoid of distinctive character – Criteria for assessment (Council Regulation No 40/94, Arts 7(1)(b), and (3), and 51(1)) (see paragraphs 19, 22, 23) 2. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks devoid of distinctive character – Exception – Distinctive character acquired through use – Burden of proof (Council Regulation No 40/94, Arts 7(1)(b), and (3), and 51(1)) (see paragraphs 20, 21) 3. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks devoid of distinctive character – Exception – Distinctive character acquired through use – Scope – Trade mark devoid of distinctive character throughout the EU – Acquisition by use also throughout the EU (Council Regulation No 40/94, Arts 7(1)(b), and (3), and 51(2)) (see paragraphs 24, 25) 4. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks devoid of distinctive character – Exception – Distinctive character acquired through use – Probative value of the evidence (Council Regulation No 40/94, Arts 7(1)(b), and (3), and 51(2)) (see paragraphs 26-28) 5. Judicial proceedings – Proof – Probative value – Criteria for assessment – Principles of the unfettered adduction of evidence and the unfettered evaluation of evidence (Charter of Fundamental Rights of the European Union, Arts 41 and 47; Rules of Procedure of the General Court, Art. 85) (see paragraphs 29-31) 6. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks devoid of distinctive character – Figurative mark representing a chequerboard pattern (Council Regulation No 40/94, Arts 7(1)(b), and (3), and 51(1)) (see paragraphs 50, 61, 71, 77, 85-97, 109, 113, 117-120, 128, 140) Operative part The Court: 1. Dismisses the action; 2. Orders Louis Vuitton Malletier to pay the costs. 1 OJ C 263, 5.7.2021.