Information;Judgment — ECLI:EU:T:2022:214
Date: 2022-04-06
Language of the case: German
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (Second Chamber) of 6 April 2022 – Cilem Records International v EUIPO – KVZ Music (HALIX RECORDS) (Case T‑118/21) (1) (EU trade mark – Opposition proceedings – Application for EU word mark HALIX RECORDS – Earlier national word and figurative marks HALIX RECORDS – Relative ground for refusal – Article 8(4) of Regulation (EC) No 207/2009 (now Article 8(4) of Regulation (EU) 2017/1001) – Rule 19(1) and (2) of Regulation (EC) No 2868/95 (now Article 7(1) and (2) of Delegated Regulation (EU) 2018/625)) 1. EU trade mark – Procedural provisions – Opposition proceedings – Facts and evidence not produced in support of the opposition within the period prescribed for that purpose – Account taken – Evidence of ownership of an earlier mark acquired subsequently – Not included (Council Regulation 207/2009, Art. 76(2)) (see paras 43, 44) 2. EU trade mark – Observations of third parties and opposition – Examination of the opposition – Failure to adduce evidence of ownership of the earlier mark – Obligation on the Office to inform the opposing party – None (Commission Regulation No 2868/95, Art. 1, Rule 19(1) and (2)) (see para. 52) 3. 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 – Conditions (Council Regulation 207/2009, Art. 8(4)) (see paras 54, 55) 4. 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 (Council Regulation No 207/2009, Arts 8(4) and 76(1); Commission Regulation No 2868/95, Art. 1, Rule 19(2)(d)) (see paras 56, 61) Operative part The Court: 1. Dismisses the action; 2. Orders Cilem Records International UG to bear its own costs and to pay those incurred by EUIPO; 3. Orders KVZ Music Ltd to bear its own costs. 1 OJ C 128, 12.4.2021.