Information;Judgment — ECLI:EU:T:2021:257
Date: 2021-05-12
Language of the case: English
Court formation: Fifth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Denmark

Judgment of the General Court (Fifth Chamber) of 12 May 2021 – Tornado Boats International v EUIPO – Haygreen (TORNADO) (Case T‑167/20) (EU trade mark – Invalidity proceedings – Figurative EU mark TORNADO – Absolute ground for invalidity – Bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)) 1. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Applicant in bad faith when lodging the trade mark application – Criteria for assessment – Taking into account of all relevant factors at the time of filing the application for registration – Applicant’s knowledge that a third party is using an identical or similar sign – Intention of the applicant – Degree of legal protection of the signs at issue – Commercial logic underlying the registration of the contested sign as an EU trade mark – Chronology of events characterising the filing of the trade mark application (Council Regulation No 207/2009, Art. 52(1)(b)) (see paras 43, 44, 48, 50, 51) 2. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Applicant in bad faith when lodging the trade mark application – Concept of bad faith – Scope (Council Regulation No 207/2009, Art. 52(1)(b)) (see paras 45-47) 3. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Applicant in bad faith when lodging the trade mark application – Figurative mark TORNADO (Council Regulation No 207/2009, Art. 52(1)(b)) (see paras 58, 59, 64-71, 73, 74) Re: Action brought against the decision of the First Board of Appeal of EUIPO of 17 January 2020 (Case R 1169/2018-1), relating to proceedings for a declaration of invalidity between Mr Haygreen and Tornado Boats International. Operative part The Court: 1. Dismisses the action; 2. Orders Tornado Boats International ApS to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO); 3. Orders Mr David Haygreen to bear his own costs.