Information;Judgment — ECLI:EU:T:2025:204
Date: 2025-03-05
Language of the case: English
Court formation: Third Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded;Action for annulment - inadmissible

Judgment of the General Court (Third Chamber) of 5 March 2025 – Funline International v EUIPO – MS Trade (JUNGLE PREMIUM) (Case T‑1135/23) ( EU trade mark – Revocation proceedings – EU word mark JUNGLE PREMIUM – Lack of genuine use of the mark – Article 58(1)(a) and (2) of Regulation (EU) 2017/1001 – Action for annulment – Representation by a lawyer – Admissibility ) 1. Judicial proceedings – Application initiating proceedings – Formal requirements – Signature by a lawyer – Applicant represented by a patent agent who is not a lawyer – Lack of legal representation (Statute of the Court of Justice, Arts 19, fourth para., and 53) (see paragraphs 16-20) 2. EU trade mark – Surrender, revocation and invalidity – Grounds for revocation – Lack of genuine use of the mark – Proof of use – Genuine use – Concept (European Parliament and Council Regulation 2017/1001, Arts 18(1)(a) and 58(1)(a)) (see paragraph 29) 3. EU trade mark – Lodging of application for EU trade mark – Identification of the goods or services concerned by the trade mark – Use of the general indications in the headings of the classes of the Nice Classification – Scope (see paragraphs 34, 35) 4. EU trade mark – Surrender, revocation and invalidity – Grounds for revocation – Lack of genuine use of the mark – Word mark JUNGLE PREMIUM (European Parliament and Council Regulation 2017/1001, Arts 18(1)(a) and 58(1)(a)) (see paragraphs 36, 43, 51, 52) 5. EU trade mark – Appeals procedure – Action before the EU judicature – Jurisdiction of the General Court – Review of the facts in the light of evidence produced for the first time before it – Precluded (Rules of Procedure of the General Court, Art. 188; European Parliament and Council Regulation 2017/1001, Art. 72) (see paragraphs 48, 49, 56) Operative part The Court: 1. Dismisses the action; 2. Orders Funline International Corp. to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO); 3. Orders MS Trade s. r. o. to bear its own costs.