Descriptive Signs Cannot Be Protected as Trade Marks: General Court Clarifies Art. 7(1)(c) EUTMR (T-108/25)

In a recent judgment (judgment of 18 March 2026 – T-108/25, https://infocuria.curia.europa.eu/tabs/document/T/2025/T-0108-25-00000000PI-01-P-01-3438043/ARRET_NP/317832-DE-1-html), the General Court of the European Union has clarified a key ground for refusal of trade mark registration. Starting point:

Trade marks and signs must not be "descriptive". If a descriptive sign is applied for as a trade mark, it is not registrable under Art. 7(1)(c) of the European Union Trade Mark Regulation (EUTMR).

The court's decision clarifies the criterion of "descriptiveness": the descriptive character of a sign can be assessed, first, only in relation to the goods or services concerned and, second, only in relation to how the relevant public understands it. A sign is therefore "descriptive" if the relevant public immediately understands it as an indication of characteristics of the goods or services claimed. For this, it is sufficient that at least one of its possible meanings designates such a descriptive characteristic. Whether such a meaning of the described characteristic exists must be determined on the basis of the perception of the relevant public and the specific goods claimed. In order to assess the descriptive character of a composite mark, both the various elements of which the mark is composed and the mark as a whole must be examined. Conclusion:

When choosing and applying for trade marks, one should bear in mind that many of the "best" terms, images and other signs are so "good" precisely because they describe the goods and services concerned exactly. No registration as a trade mark is possible for these signs. For example, the term "bread" cannot be protected – and thus "monopolised" – as a trade mark for bakery products. Such signs are therefore not capable of protection. A really good trade mark is characterised precisely by the fact that it is not purely descriptive.