Judgment of the General Court of 20 December 2023 – Transport Werk v EUIPO – Haus & Grund Deutschland (Haus & Grund)
(Case T-779/22) 1
(EU trade mark – Invalidity proceedings – EU word mark Haus & Grund – Absolute grounds for invalidity – Descriptive character – Distinctive character – Article 7(1)(b) and (c) and Article 51(1)(a) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) and Article 59(1)(a) of Regulation (EU) 2017/1001))
Language of the case: German
Parties
Applicant: Transport Werk GmbH (Offenbach am Main, Germany) (represented by: D. Donath, lawyer)
Defendant: European Union Intellectual Property Office (represented by: M. Eberl, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Haus & Grund Deutschland Zentralverband der Deutschen Haus-, Wohnungs- und Grundeigentümer eV (Berlin, Germany) (represented by: K. Welkerling, lawyer)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 26 October 2022 (Case R 84/2022-5).
Operative part of the judgment
The Court:
1. Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 26 October 2022 (Case R 84/2022-5) in so far as it dismissed the appeal against the decision of the Cancellation Division of 29 November 2021 relating to the EU word mark Haus & Grund as regards ‘data carriers; computer software for the buying, selling, administration, rental, construction and management of buildings, installations and facilities’ in Class 9, ‘real estate affairs; expert opinions in connection with insurance, financial affairs, real estate affairs and monetary affairs’ in Class 36, and ‘expert technical opinions; technical consultancy; creation of computer software for the buying, selling, rental, construction, administration and management of buildings, installations and equipment; creation of computer software to optimise the operation, cost-effectiveness, utilisation, marketing and value retention of property and equipment’ in Class 42 of the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended;
2. Dismisses the action as to the remainder;
3. Orders each party to bear its own costs.
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1 OJ C 45, 6.2.2023.