Order — ECLI:EU:T:2017:108
Date: 2017-02-14
Language of the case: English
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - decision unnecessary
Origin: Germany

Summary — Order of the General Court (Ninth Chamber), 14 February 2017 1. EU trade mark — Appeals procedure — Action brought against the rejection of a trade mark application following the lodging of opposition — Earlier trade mark declared invalid — Application devoid of purpose — No need to adjudicate (Rules of Procedure of the General Court, Art. 131; Council Regulation No 207/2009, Art. 55(2), and Art. 65) 2. EU trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Review of the lawfulness of decisions of the Boards of Appeal (Council Regulation No 207/2009, Art. 65) 1. According to settled case-law, opposition proceedings are devoid of purpose if the earlier trade mark on which they are based is cancelled. Therefore, in such a case, the action for annulment brought before the Court against the decision of the Board of Appeal also becomes devoid of purpose. According to Article 55(2) of Regulation No 207/2009 on the EU trade mark, an EU trade mark which has been declared invalid is to be deemed not to have had, as from the outset, the effects specified in that regulation. It follows that the earlier mark must be deemed not to have produced its effects and, therefore, not to have been able to serve as a basis for opposition to the mark applied for. Even if the applicant claims that a decision of the Court on the merits in the annulment action would procure him an advantage, it should be borne in mind that, according to settled case-law, the interest in bringing proceedings must continue until the final decision, failing which there will be no need to adjudicate, which presupposes that the action must be likely, if successful, to procure an advantage for the party bringing it. (see paras 20-22, 25) 2. See the text of the decision. (see para. 27)