Official Journal of the European Union

EN

C series

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C/2025/4630

(Case T-437/25)

(C/2025/4630)

Language of the case: French

Parties

Applicant: Empreinte (Rochecorbon, France) (represented by: P. Martini-Berthon, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO

Trade mark at issue: Application for a three-dimensional EU trade mark (Shape of a corkscrew) – Application for registration No 19 001 870

Contested decision: Decision of the Second Board of Appeal of EUIPO of 29 April 2025 in Case R 127/2025-2

Form of order sought

The applicant claims that the Court should:

—annul the contested decision in so far as it upheld the refusal to register the trade mark at issue for goods in Class 21;

—find that the conditions of Article 7(1)(e)(ii) of Regulation (EU) 2017/1001 of the European Parliament and of the Council have not been fulfilled in the present case, since the shape applied for is not exclusively defined by the need to obtain a technical result;

—order that the trade mark at issue be registered for the goods covered by the application;

—order EUIPO to pay the costs, including the costs incurred by the applicant before the Court and EUIPO.

Pleas in law

—Infringement of Article 7(1)(e)(ii) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

—Infringement of the fundamental rights guaranteed by the Charter of Fundamental Rights of the European Union, in particular the right to good administration (Article 41), the right to an effective remedy (Article 47) and the principle of legal certainty.

—Infringement of Article 94(1) and Article 95(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

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ELI: http://data.europa.eu/eli/C/2025/4630/oj

ISSN 1977-091X (electronic edition)

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