Judgment;Information — ECLI:EU:T:2025:567
Date: 2025-06-04
Language of the case: Polish
Court formation: Eighth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded;Action for annulment
Origin: Poland

Judgment of the General Court (Eighth Chamber) of 4 June 2025 – Toya Development v EUIPO – Szmidt (TOYA) (Case T‑199/24) ( EU trade mark – Invalidity proceedings – EU figurative mark TOYA – Absolute ground for invalidity – 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 acting in bad faith when filing the trade mark application – Concept of bad faith – Scope (Council Regulation No 207/2009, Art. 52(1)(b)) (see paragraphs 15-17) 2. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Applicant acting in bad faith when filing the trade mark application – Criteria for assessment – Taking into account all relevant factors at the time of filing of 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 contested sign – Commercial logic underlying the registration of the contested sign as an EU trade mark – Chronology of events leading up to the filing of the trade mark application (Council Regulation No 207/2009, Art. 52(1)(b)) (see paragraphs 18-20, 36, 50, 76) 3. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Applicant acting in bad faith when filing the trade mark application – Burden of proof (Council Regulation No 207/2009, Art. 52(1)(b)) (see paragraphs 21, 22, 72, 76) 4. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Applicant acting in bad faith when filing the trade mark application – Figurative mark TOYA (Council Regulation No 207/2009, Art. 52(1)(b)) (see paragraphs 33, 46, 60, 67, 73, 78-80) 5. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Applicant acting in bad faith when filing the trade mark application – Criteria for assessment – Taking into account all relevant factors at the time of filing of the application for registration – Extent of the reputation of the mark applied for – Unfair advantage taken of the repute of a mark or of the earlier mark (Council Regulation No 207/2009, Art. 52(1)(b)) (see paragraphs 57, 58) 6. EU trade mark – Effects of the EU trade mark – Rights conferred by a trade mark – Right to prohibit the use of the mark – Use of an identical or similar sign covering identical or similar products or services – Extent of the exclusive right granted to the proprietor – Period of five years following registration (Council Regulation No 207/2009, Arts 9, 15(1), first subpara., and 51(1)(a)) (see paragraph 71) Operative part The Court: 1. Dismisses the action; 2. Orders Toya Development sp. z o.o. sp.k. to pay the costs.