Judgment of the General Court (Second Chamber) of 6 September 2023

Data

Court: General Court

Case date: 6 september 2023

Verdict

Judgment of the General Court (Second Chamber) of 6 September 2023 –
Team Beverage v EUIPO (TEAM BUSINESS IT DATEN – PROZESSE – SYSTEME)

(Case T‑786/21)⁽¹⁾

"(EU trade mark - Application for EU figurative mark TEAM BUSINESS IT DATEN - PROZESSE - SYSTEME - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EU) 2017/1001)"

1. EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks consisting exclusively of signs or indications which may serve to designate the characteristics of a product or serviceConcept

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

(see paragraphs 16, 17)

2. EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks consisting exclusively of signs or indications which may serve to designate the characteristics of a product or serviceAssessment of the descriptive character of a signCriteria

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

(see paragraphs 18-20, 46, 59, 60)

3. EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalMarks consisting exclusively of signs or indications which may serve to designate the characteristics of a product or serviceFigurative mark TEAM BUSINESS IT DATENPROZESSESYSTEME

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

(see paragraphs 42, 53, 62)

4. EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalSeparate examination of the grounds for refusal in relation to each of the goods 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 paragraph 47)

5. EU trade markDecisions of EUIPOLegalityExamination by the EU judicatureCriteria

(European Parliament and Council Regulation 2017/1001)

(see paragraph 66)

6. EU trade markDefinition and acquisition of the EU trade markAssessment of the registrability of a signEU rules only taken into accountEarlier registration of the mark in certain Member States or third countriesDecisions not binding EU bodies

(European Parliament and Council Regulation 2017/1001)

(see paragraph 69)

Operative part

The Court:

1. Dismisses the action;

2. Orders Team Beverage AG to pay the costs.