Information;Judgment — ECLI:EU:T:2023:95
Date: 2023-03-01
Language of the case: Romanian
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Romania

Judgment of the General Court (Second Chamber) of 1 March 2023 – Romedor Pharma v EUIPO – Perfect Care Distribution (Cerviron) (Case T‑37/22) (1) (EU trade mark – Invalidity proceedings – EU word mark Cerviron – Non-registered earlier national trade mark CERVIRON – Relative ground for invalidity – Article 8(4) and Article 60(1)(c) of Regulation (EU) 2017/1001) 1. 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, Arts 72(2) and 95) (see paragraphs 18, 19, 27) 2. 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 – Verification of the content of national law – Scope (European Parliament and Council Regulation 2017/1001, Arts 8(4) and 60(1)(c)) (see paragraphs 38, 39, 54) 3. 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)) (see paragraph 40) 4. EU trade mark – Surrender, revocation and invalidity – Relative grounds for invalidity – Non-registered mark or another sign used in the course of trade – Word mark Cerviron and non-registered mark CERVIRON (European Parliament and Council Regulation 2017/1001, Arts 8(4) and 60(1)(c)) (see paragraphs 46, 47, 49-52, 55) Operative part The Court: 1. Dismisses the action; 2. Orders Romedor Pharma SRL to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO); 3. Orders Perfect Care Distribution SRL to bear its own costs. 1 OJ C 138, 28.3.2022.