Judgment;Information — ECLI:EU:T:2020:185
Date: 2020-05-13
Language of the case: German
Court formation: Fourth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

summary of the pleas in law on which the application is based — Pleas in law not set out in the application — General reference to other documents — Inadmissibility (Statute of the Court of Justice, Arts 21, first para. and 53, first para.; Rules of Procedure of the General Court, Art. 177(1)(d)) (see paras 26, 27) 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 — Re-examination of the facts in the light of evidence not previously submitted before EUIPO bodies — Precluded (European Parliament and Council Regulation 2017/1001, Art. 72) (see para. 36) 3. EU trade mark — Surrender, revocation and invalidity — Relative grounds for invalidity — Non-registered mark or another sign used in the course of trade — Conditions — Interpretation in the light of EU law — Assessment by reference to the criteria determined by the national law governing the sign relied on (European Parliament and Council Regulation 2017/1001, Arts 8(4) and 60(1)(c)) (see paras 51-53) 4. EU trade mark — Surrender, revocation and invalidity — Relative grounds for invalidity — Use of the mark capable of being prohibited by virtue of another earlier right — Review by the competent bodies of EUIPO and by the Court as to the national law applicable — Scope (European Parliament and Council Regulation 2017/1001, Arts 8(4) and 72(1) and (2)) (see paras 66, 76-79) 5. EU trade mark — Definition and acquisition of the EU trade mark — Relative grounds for refusal — Opposition by the proprietor of an unregistered trade mark or other sign used in the course of trade — Sign giving its holder the right to prohibit the use of a more recent trade mark — Burden of proof (European Parliament and Council Regulation 2017/1001, Art. 8(4)(b)) (see paras 68, 80) 6. EU trade mark — Surrender, revocation and invalidity — Invalidity action based on the existence of an earlier national right — Burden of proof (European Parliament and Council Regulation 2017/1001, Arts 8(4) and 60(1)(c); Commission Regulation No 2868/95, Art. 1, rule 37) (see paras 75, 82, 83) 7. EU trade mark — Procedural provisions — Examination of the facts of the EUIPO’s own motion — Opposition proceedings — Examination restricted to the facts, evidence and arguments provided — Assessment by the Office of the correctness of the facts pleaded and the probative value of evidence submitted — Scope (European Parliament and Council Regulation 2017/1001, Art. 95) (see para. 81) 8. EU trade mark — Surrender, revocation and invalidity — Relative grounds for invalidity — Non-registered mark or other sign used in the course of trade – Word mark and commercial designation Peek & Cloppenburg (European Parliament and Council Regulation 2017/1001, Arts 8(4) and 60(1)(c)) (see paras 85-92, 95, 99, 102) 9. EU trade mark — Appeals procedure — Appeals before the Boards of Appeal — Stay of proceedings — Conditions (Commission Regulation No 2868/95, Art. 1, rules 20(7)(c) and 50(1); Commission Regulation No 216/96, Art. 8) (see paras 112, 113, 116-118) 10. EU trade mark — Appeals procedure — Appeals before the Boards of Appeal — Stay of proceedings — Discretion of the Board of Appeal – Prima facie examination of the chances of success of a counterclaim for the declaration of a right — Scope (Commission Regulation No 2868/95, Art. 1, rules 20(7)(c) and 50(1)) (see paras 120, 122-125, 127) Re: Action brought against the decision of the First Board of Appeal of EUIPO of 20 April 2018 (Case R 522/2006-1), relating to invalidity and revocation proceedings between Peek & Cloppenburg (Hamburg) and Peek & Cloppenburg (Düsseldorf). Operative part The Court: 1. Dismisses the action; 2. Orders Peek & Cloppenburg KG (Düsseldorf) to pay the costs.