Judgment of the General Court (Third Chamber) of 26 July 2023

1. Judicial proceedingsApplication initiating proceedingsFormal requirementsSummary 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 applicationInadmissibilityRe-use, in the application, of certain passages from written submissions lodged with the Board of AppealAdmissibility

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

(see paragraphs 21, 23)

2. EU trade markSurrender, revocation and invalidityAbsolute grounds for invalidityMarks consisting exclusively of signs or indications which may serve to designate the characteristics of a product or serviceConcept

(Council Regulation No 40/94, Art. 7(1)(c))

(see paragraphs 29, 30, 58)

3. EU trade markSurrender, revocation and invalidityAbsolute grounds for invalidityMarks consisting exclusively of signs or indications which may serve to designate the characteristics of a product or serviceAssessment of the descriptive character of a signCriteriaBreakdown of a word sign into word elements having concrete significance

(Council Regulation No 40/94, Art. 7(1)(c))

(see paragraphs 31, 38, 50, 59, 61, 76)

4. EU trade markSurrender, revocation and invalidityAbsolute grounds for invalidityMarks consisting exclusively of signs or indications which may serve to designate the characteristics of a product or serviceWord mark Sütat

(Council Regulation No 40/94, Art. 7(1)(c))

(see paragraphs 39-41, 52-54, 66, 68)

5. EU trade markProcedural provisionsDecisions of EUIPOObservance of the rights of the defenceScope of the principle

(European Parliament and Council Regulation 2017/1001, Art. 94(1), second sentence)

(see paragraphs 80, 82)

Operative part

The Court:

1. Dismisses the action;

2. Orders Yayla Türk Lebensmittelvertrieb GmbH to pay the costs.