Jurisdiction(s):
United Kingdom

EU trade mark law: CJEU rules General Court exceeded its jurisdiction by assessing an unexamined ground; Article 7 EUTMR grounds are independent (EUIPO v Neoperl)

Published on: 19 February 2025

Published by a LexisNexis IP expert

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Article summary

EUIPO v Neoperl AG Case C‑93/23 P

What are the practical implications of this case?

The Court of Justice confirmed boundaries on the General Court’s ability to amend rulings of the EUIPO Board of Appeal, a principle that may extend to other EU bodies’ determinations. Primary appraisal of facts and proof lies with the EUIPO Board of Appeal, not the General Court. The General Court cannot deploy its power to modify an outcome when that outcome was not issued by the EUIPO, as that would entail a first‑instance assessment of facts or evidence. It further clarifies that Article 7 of Regulation (EC) 207/2009 contains self‑standing grounds; they need not be applied sequentially, or even all addressed, to refuse registration of an applied‑for trade mark. In effect, its review cannot replace the Board’s initial factual appraisal or transform the proceedings into a first‑instance fact‑finding exercise. Equally, any single bar within Article 7 can justify refusal, without sequencing the grounds or analysing each subsection in turn.

What was the background?

Neoperl sought protection for a tactile mark application; the EUIPO examination division formally rejected it, indeed reasoning that it was simply not a sign within the strict meaning of Article 7(1)(a) of...

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