Information;Order — ECLI:EU:T:2025:742
Date: 2025-07-15
Language of the case: German
Court formation: Seventh Chamber
Procedure: Action for annulment - unfounded
Origin: Germany

Order of the General Court (Seventh Chamber) of 15 July 2025 – Gemballa v EUIPO – Gemballa (GEMBALLIN) (Case T‑510/24) ( Action for annulment – EU trade mark – Invalidity proceedings – EU word mark GEMBALLIN – Earlier EU and national figurative mark and word marks GEMBALLA – Relative ground for invalidity – No injury to reputation – Article 8(5) and Article 60(1)(a) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law ) 1. 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 – Reputation of the mark in the Member State or in the European Union – Concept – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Arts 8(5) and 60(1)(a)) (see paragraphs 21, 23, 24, 47) 2. 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 – Reputation of the mark in the Member State or in the European Union – Evidence in support of the reputation – Burden of proof (European Parliament and Council Regulation 2017/1001, Arts 8(5) and 60(1)(a)) (see paragraph 22) Operative part 1. The action is dismissed as manifestly lacking any foundation in law. 2. Gemballa GmbH is ordered to bear its own costs and to pay those incurred by Marc Philipp Gemballa. 3. The European Union Intellectual Property Office (EUIPO) is ordered to bear its own costs.