Information;Judgment — ECLI:EU:T:2023:544
Date: 2023-09-13
Language of the case: Czech
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Czechia

Summary of the pleas in law on which the application is based – Repetition, wholly or in part, of the arguments already relied on before EUIPO – Whether permissible (Statute of the Court of Justice, Art. 21; Rules of Procedure of the General Court, Art. 177; European Parliament and Council Regulation 2017/1001, Art. 72) (see paragraph 24) 3. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Applicant in bad faith when filing the trade mark application – Concept of bad faith – Scope (European Parliament and Council Regulation 2017/1001, Art. 59(1)(b)) (see paragraphs 31, 32) 4. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Applicant in bad faith when filing the trade mark application – Criteria for assessment – Taking into account all relevant factors at the time of filing of 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 leading up to the filing of the trade mark application (European Parliament and Council Regulation 2017/1001, Art. 59(1)(b)) (see paragraphs 33, 34, 45, 48) 5. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Applicant in bad faith when filing the trade mark application – Burden of proof (European Parliament and Council Regulation 2017/1001, Art. 59(1)(b)) (see paragraph 35) 6. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Applicant in bad faith when filing the trade mark application – Word mark SpaClubMatahari (European Parliament and Council Regulation 2017/1001, Art. 59(1)(b)) (see paragraphs 42, 44, 49-53) Operative part The Court: 1. Dismisses the action; 2. Orders each party to bear its own costs. 1 OJ C 408, 24.10.2022.