Information;Order — ECLI:EU:T:2020:383
Date: 2020-09-02
Language of the case: German
Court formation: Fifth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

summary of the pleas in law on which the application is based – Pleas in law not set out in the application – Reference to statement submitted to the Board of Appeal reproduced in the application – Inadmissibility (Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the General Court, Art. 177(1)(d)) (see paras 29, 30) 6. EU trade mark – Surrender, revocation and invalidity – Invalidity proceedings – Admissibility – Misuse of rights – Irrelevant (Council Regulation No 207/2009, Arts 37(1), 52(1)(a) and 56(1)(a)) (see paras 33-37) 7. EU trade mark – Surrender, revocation and invalidity – Invalidity proceedings – Admissibility – Non-subordination to the good faith of the cancellation applicant (Council Regulation No 207/2009, Art. 56(1)(a)) (see para. 38) 8. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Marks composed exclusively of signs or indications capable of designating the characteristics of a product or service – Word mark PedalBox + (Council Regulation No 207/2009, Arts 7(1)(c), and 52(1)(a)) (see paras 43, 44, 46, 47, 49) Re: Action brought against the decision of the First Board of Appeal of EUIPO of 5 September 2019 (Case R 1934/2018-1), relating to invalidity proceedings between Speed-Buster and DTE Systems. Operative part 1. The action is dismissed. 2. DTE Systems GmbH shall pay the costs.