Judgment of the General Court (Sixth Chamber) of 2 December 2020

EU trade markAppeals procedureAction before the EU judicatureJurisdiction of the General CourtRe-evaluation of the facts in the light of evidence produced for the first time before itPrecluded

(European Parliament and Council Regulation 2017/1001, Art. 72)

(see para. 13)

Judicial proceedingsApplication initiating proceedingsFormal requirementsBrief summary of the pleas in law on which the application is basedPleas in law not set out in the applicationReference to statement submitted to the Board of Appeal reproduced in the applicationInadmissibility

(Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the General Court, Art. 177(1)(d))

(see paras 16, 17)

EU trade markSurrender, revocation and invalidityAbsolute grounds for invalidityRegistration contrary to Article 7 of Regulation No 40/94Relevant date for the examination of an absolute ground for nullityDate of lodging the application for registration

(Council Regulation No 40/94, Arts 7(1) and 51(1)(a))

(see para. 19)

EU trade markSurrender, revocation and invalidityAbsolute grounds for invalidityMarks composed exclusively of signs or indications capable of designating the characteristics of a product or serviceAimNeed to preserve availability

(Council Regulation No 40/94, Arts 7(1)(c) and 51(1)(a))

(see para. 27)

EU trade markSurrender, revocation and invalidityAbsolute grounds for invalidityMarks composed exclusively of signs or indications capable of designating the characteristics of a product or serviceDefinition

(Council Regulation No 40/94, Arts 7(1)(c) and 51(1)(a))

(see paras 28, 29)

EU trade markSurrender, revocation and invalidityAbsolute grounds for invalidityMarks composed exclusively of signs or indications capable of designating the characteristics of a product or serviceAssessment of the descriptive nature of a sign

(Council Regulation No 40/94, Arts 7(1)(c) and 51(1)(a))

(see paras 30, 39)

EU trade markSurrender, revocation and invalidityAbsolute grounds for invalidityMarks composed exclusively of signs or indications capable of designating the characteristics of a product or serviceWord mark FOREX

(Council Regulation No 40/94, Arts 7(1)(c) and 51(1)(a))

(see paras 49, 53, 56, 63)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 4 October 2019 (Case R 2460/2018 2), relating to invalidity proceedings between Coino UK and Forex Bank.

Operative part

The Court:

Dismisses the action;

Orders Forex Bank AB to pay the costs.