Judgment — ECLI:EU:T:2019:88
Date: 2019-02-14
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

summary of the pleas in law on which the application is based — Pleas in law not set out in the application — Reference to the whole of the annexes — Inadmissibility (Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the General Court, Art. 177(1)(d)) (see para. 65) 7. EU trade mark — Surrender, revocation and invalidity — Relative grounds for invalidity — Existence of an earlier right referred to in Article 8(4) of Regulation No 2017/1001 — Local significance of sign (European Parliament and Council Regulation 2017/1001, Arts 8(4) and 60(1)(c)) (see para. 69) 8. 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 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 — Origin and use of the sign in dispute — 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 (European Parliament and Council Regulation 2017/1001, Arts 8(2) and 59(1)(b)) (see paras 77-84) 9. EU trade mark — Surrender, revocation and invalidity — Absolute grounds for invalidity — Applicant in bad faith when filing the trade mark application — Word mark MOULDPRO (European Parliament and Council Regulation 2017/1001, Arts 8(2) and 59(1)(b)) (see paras 95-106) Re: Action brought against the decision of the Fourth Board of Appeal of EUIPO of 16 October 2017 (Case R 2153/2015-4), relating to invalidity proceedings between Mouldpro and Wenz Kunststoff. Operative part The Court: 1. Dismisses the action; 2. Orders Mouldpro ApS to pay the costs.