Judgment;Information — ECLI:EU:T:2021:145
Date: 2021-03-17
Language of the case: English
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (Tenth Chamber) of 17 March 2021 – Tehrani v EUIPO – Blue Genes (Earnest Sewn) (Case T‑853/19) (EU trade mark – Invalidity proceedings – EU word mark Earnest Sewn – Declaration of invalidity – Absolute ground for refusal – Bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001)) 1. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Applicant in bad faith when lodging the trade mark application – Concept of bad faith – Scope (Council Regulation No 207/2009, Art. 52(1)(b)) (see paras 19-22) 2. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Applicant in bad faith when lodging 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 (Council Regulation No 207/2009, Art. 52(1)(b)) (see paras 23-26, 31, 69) 3. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Applicant in bad faith when lodging the trade mark application – Word mark Earnest Sewn (Council Regulation No 207/2009, Art. 52(1)(b)) (see paras 55, 61, 72) Re: Action brought against the decision of the Fifth Board of Appeal of EUIPO of 4 October 2019 (Case R 531/2018-5), relating to invalidity proceedings between Blue Genes and Mr Tehrani. Operative part The Court: 1. Dismisses the action; 2. Orders Mr Reza Hossein Khan Tehrani to pay the costs.