Judgment of the General Court (Tenth Chamber) of 15 December 2021

Data

Court: General Court

Case date: 15 december 2021

Verdict

Judgment of the General Court (Tenth Chamber) of 15 December 2021 –
Lück v EUIPO – R. H. Investment (MALLE)

(Case T‑188/21)

"(EU trade mark - Invalidity proceedings - EU word mark MALLE - Absolute grounds for refusal - Descriptive character - No distinctive character - Article 7(1)(b) and (c) of Regulation 2017/1001 - Ineffective nature of the single plea in law)"

1. Action for annulmentPleas in lawPleas in law and complaints which cannot lead to the annulment of the contested measureIneffective pleas in law

(Art. 263 TFEU)

(see para. 14)

2. Action for annulmentSubject matterDecision based on several pillars of reasoning, each sufficient to justify the operative partAnnulment of such a decisionConditions

(Art. 263 TFEU)

(see para. 15)

3. EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalSeparate examination of the various grounds for refusalInterpretation of the grounds for refusal in the light of the public interest underlying each of them

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

(see para. 16)

4. Judicial proceedingsApplication initiating proceedingsFormal requirementsClear and precise statement of the pleas relied on

(Statute of the Court of Justice, Arts 21, first para., and 53, first para.; Rules of Procedure of the General Court, Art. 177(1)(d))

(see para. 17)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 21 December 2020 (Case R 1393/2020-5), relating to invalidity proceedings between R. H. Investment and Mr Lück.

Operative part

The Court:

1. Dismisses the action;

2. Orders Jörg Lück to pay the costs.