This document is an excerpt from the EUR-Lex website
Document 62022TJ0277
Judgment of the General Court (First Chamber) of 6 September 2023.
Groz-Beckert KG v European Union Intellectual Property Office.
EU trade mark – Application for the EU trade mark consisting in the application of the colours red and white to cuboid packaging – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Examination of the facts of EUIPO’s own motion – Article 95(1) of Regulation 2017/1001.
Case T-277/22.
Judgment of the General Court (First Chamber) of 6 September 2023.
Groz-Beckert KG v European Union Intellectual Property Office.
EU trade mark – Application for the EU trade mark consisting in the application of the colours red and white to cuboid packaging – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Examination of the facts of EUIPO’s own motion – Article 95(1) of Regulation 2017/1001.
Case T-277/22.
Court reports – general
ECLI identifier: ECLI:EU:T:2023:498
Judgment of the General Court (First Chamber) of 6 September 2023 –
Groz-Beckert v EUIPO (Position of the colours red and white on cuboid packaging)
(Case T‑277/22) ( 1 )
(EU trade mark – Application for the EU trade mark consisting in the application of the colours red and white to cuboid packaging – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EU) 2017/1001 – Examination of the facts of EUIPO’s own motion – Article 95(1) of Regulation 2017/1001)
1. |
EU trade mark – Appeals procedure – Action before the EU judicature – Jurisdiction of the General Court – Re-evaluation of the facts in the light of evidence produced for the first time before it – Precluded (European Parliament and Council Regulation 2017/1001, Art. 72) (see paragraph 10) |
2. |
EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Concept – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraphs 17, 23, 36, 53) |
3. |
EU trade mark – Definition and acquisition of the EU trade mark – Signs of which a trade mark may consist – Colours or combinations of colours – Condition – Distinctive character – Account to be taken of the public interest in not unduly restricting the availability of colours (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraphs 18-22) |
4. |
EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Marks constituted by a colour or combination of colours (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraph 26) |
5. |
EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Marks devoid of distinctive character – Mark consisting in the application of the colours red and white to cuboid packaging (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraphs 27-34) |
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 stringent and full examination in each individual case (European Parliament and Council Regulation 2017/1001) (see paragraphs 42, 43) |
7. |
EU trade mark – Procedural provisions – Examination of the facts of EUIPO’s own motion – Registration of a new trade mark – Absolute grounds for refusal – Burden of proof (European Parliament and Council Regulation 2017/1001, Art. 7(1)(b)) (see paragraphs 48, 49, 51) |
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders Groz-Beckert KG to pay the costs. |
( 1 ) OJ C 257, 4.7.2022.