Information;Judgment — ECLI:EU:T:2024:714
Date: 2024-10-23
Language of the case: English
Court formation: First Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded;Action for annulment - inadmissible
Origin: Bulgaria

Summary of the pleas in law on which the application is based – Abstract statement – Inadmissibility (Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the General Court, Art. 177(1)(d)) (see paragraphs 25-27) 2. EU trade mark – Appeals procedure – Action before the EU judicature – Condition of admissibility – Pleas directed only against decisions of the Boards of Appeal (European Parliament and Council Regulation 2017/1001, Art. 72(1)) (see paragraph 30) 3. EU trade mark – Surrender, revocation and invalidity – Relative grounds for invalidity – Existence of an earlier identical or similar mark enjoying a reputation – Extension of protection of the earlier mark with a reputation to dissimilar goods or services – Aim (Council Regulation No 207/2009, Arts 8(5) and 53(1)(a)) (see paragraph 35) 4. EU trade mark – Surrender, revocation and invalidity – Relative grounds for invalidity – Existence of an earlier identical or similar mark enjoying a reputation – Extension of protection of the earlier mark with a reputation to dissimilar goods or services – Conditions – Similarity between the marks concerned (Council Regulation No 207/2009, Arts 8(5) and 53(1)(a)) (see paragraphs 36, 42, 47) 5. EU trade mark – Surrender, revocation and invalidity – Relative grounds for invalidity – Existence of an earlier identical or similar mark enjoying a reputation – Figurative marks INSOMNIA ENERGY and MONSTER ENERGY (Council Regulation No 207/2009, Arts 8(5) and 53(1)(a)) (see paragraphs 45, 46, 48, 53, 54, 56) Operative part The Court: 1. Authorises BBF Company EOOD to replace Shoqëria Tregtare BBF Company SHPK as applicant; 2. Dismisses the action; 3. Orders each party to bear its own costs. 1 OJ C, C/2024/2442, 8.4.2024.