Judicial

#62025TJ0471General Court Ruling: EU Word Mark 'NAVIGATE' Refused Registration Due to Descriptive Character (Case T-471/25)

🇪🇺European Union··Other·Low Impact·View source ↗

AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.

🇬🇧 English

On 25 March 2026, the General Court of the European Union (Fifth Chamber) issued a judgment in Case T-471/25, dismissing the appeal brought by ABB Asea Brown Boveri Ltd against the European Union Intellectual Property Office (EUIPO). The case concerned ABB's application to register the word mark 'NAVIGATE' as an EU trade mark, which was refused by EUIPO on the absolute ground that the term is descriptive of the goods or services for which protection was sought. The Court confirmed that under Article 7(1)(c) of Regulation (EU) 2017/1001 on the EU trade mark, a sign must be refused registration if it consists exclusively of signs or indications that may serve, in trade, to designate characteristics of the goods or services. The word 'NAVIGATE' was found to directly describe a feature, function, or purpose of the relevant goods or services — most likely software, digital platforms, or navigation-related technology — and therefore lacks the distinctiveness required for trade mark protection. ABB, the global technology company specializing in electrification and automation, argued that 'NAVIGATE' had acquired distinctiveness or was not purely descriptive in the relevant context. The Court rejected these arguments, upholding EUIPO's refusal decision and reinforcing the principle that common English-language verbs denoting core functionalities of products cannot be monopolized as trade marks. This judgment is consistent with established EU trade mark case law that protects the public interest in keeping descriptive terms freely available for use by all market participants.

AI-generated summary. May contain errors. Refer to official sources for legal decisions.

Key Changes

  • General Court confirms EUIPO's refusal to register 'NAVIGATE' as an EU word mark under Article 7(1)(c) of Regulation (EU) 2017/1001
  • Ruling affirms that descriptive terms for product functions or features cannot be registered as EU trade marks regardless of the applicant's commercial prominence
  • ABB's arguments that 'NAVIGATE' had acquired distinctiveness through use were rejected by the Court

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Affected Parties

Technology and software companies seeking EU trade mark registration for functional or descriptive termsABB Asea Brown Boveri Ltd (applicant — appeal dismissed)+4 more…

Tags

EU trade mark,EUIPO,descriptive character