Judgment of the General Court (Ninth Chamber) of 19 May 2021

1. EU trade markAppeals procedurePersons entitled to appeal and to be parties to the proceedingsPersons whose claims are not upheld by a decisionDecision in part upholding and in part rejecting the application for registration of a mark due to the descriptive and non-distinctive character of the goods and services coveredNo interest in bringing proceedingsInadmissibility

(European Parliament and Council Regulation 2017/1001, Art. 72(4))

(see paras 19-21)

2. Judicial proceedingsApplication initiating proceedingsFormal requirementsBrief statement of the pleas in law on which the application is basedPleas in law and arguments not set out in the applicationGeneral reference to other documentsInadmissibility

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

(see paras 28, 29)

3. EU trade markProcedural provisionsStatement of reasons for decisionsFirst sentence of Article 94(1) of Regulation 2017/1001Scope identical to that of Article 296 TFEU

(Art. 296 TFEU; European Parliament and Council Regulation 2017/1001, Art. 94(1), first sentence)

(see para. 36)

4. EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalSeparate consideration of the pleas in law having regard to every one of the products or services covered by the application for registrationObligation to state the reasons for refusing to registerScope

(European Parliament and Council Regulation 2017/1001, Arts 7(1) and 94(1), first sentence)

(see paras 37-42)

5. EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks composed exclusively of signs or indications capable of designating the characteristics of a product or serviceConcept

(European Parliament and Council Regulation 2017/1001, Art. 7(1)(c))

(see paras 61-63)

6. EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks composed exclusively of signs or indications capable of designating the characteristics of a product or serviceFigurative mark TIER SHOP

(European Parliament and Council Regulation 2017/1001, Art. 7(1)(c))

(see paras 65, 66, 68, 70, 83)

7. EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks composed exclusively of signs or indications capable of designating the characteristics of a product or serviceAimNeed to preserve availability

(European Parliament and Council Regulation 2017/1001, Art. 7(1)(c))

(see paras 79-82)

8. EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalOverlap of the scope of the grounds set out in Articles 7(1)(b) and 7(1)(c) of Regulation 2017/1001

(European Parliament and Council Regulation 2017/1001, Art. 7(1)(c))

(see paras 88-90)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 29 June 2020 (Case R 2600/2019-5), concerning an application for registration of the figurative sign TIER SHOP as an EU trade mark.

Operative part

The Court:

1. Dismisses the action;

2. Orders Müller GmbH & Co. KG to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO).