Judgment of the General Court (Ninth Chamber) of 30 March 2022.Établissement Amra v European Union Intellectual Property Office.EU trade mark – Invalidity proceedings – EU three-dimensional mark – Shape of a rebound shoe – Absolute ground for refusal – Sign consisting exclusively of the shape of goods which is necessary to obtain a technical result – Article 7(1)(e)(ii) of Regulation (EU) 2017/1001 – Presence of word elements – Lack of essential non-functional characteristics.Case T-264/21.

Judgment // 30/03/2022 // 3 min read
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Judgment of the General Court (Ninth Chamber) of 30 March 2022 –Établissement Amra v EUIPO – eXpresio, estudio creativo (Shape of a rebound shoe)

(Case T‑264/21) ( 1 )

(EU trade mark – Invalidity proceedings – EU three-dimensional mark – Shape of a rebound shoe – Absolute ground for refusal – Sign consisting exclusively of the shape of goods which is necessary to obtain a technical result – Article 7(1)(e)(ii) of Regulation (EU) 2017/1001 – Presence of word elements – Lack of essential non-functional characteristics)

  1. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Signs which consist exclusively of the shape of goods which is necessary to obtain a technical result – Concept – Interpretation in the light of the public interest underlying each of them

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

(see paras 28-30)

  1. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Signs which consist exclusively of the shape of goods which is necessary to obtain a technical result – Concept – Existence of other shapes allowing the same technical result to be obtained – Not relevant to the ground for refusal

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

(see paras 31, 32)

  1. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Signs which consist exclusively of the shape of goods which is necessary to obtain a technical result – Identification of the essential characteristics of a three-dimensional sign – Distinctive character of the elements of a sign – Irrelevant

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

(see paras 33-35, 42-44, 51)

  1. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Signs which consist exclusively of the shape of goods which is necessary to obtain a technical result – Assessment of the essential characteristics in the light of the technical function of the goods

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

(see paras 36, 37)

  1. EU trade mark – Definition and acquisition of the EU trade mark – Absolute grounds for refusal – Signs which consist exclusively of the shape of goods which is necessary to obtain a technical result – Perception of the average consumer – Effect

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

(see paras 40, 41)

  1. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Registration contrary to Article 7(1)(e)(ii) of Regulation 2017/1001 – Three-dimensional mark consisting of the shape of a rebound shoe

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

(see paras 45, 50, 52, 59-66)

Operative part

The Court:

  1. Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 15 March 2021 (Case R 1083/2020-1);

  2. Orders EUIPO to pay the costs.

( 1 ) OJ C 263, 5.7.2021.

Trade marks