Judgment — ECLI:EU:T:2017:812
Date: 2017-11-16
Language of the case: German
Court formation: Eighth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

summary of the pleas in law on which the application is based – General reference to other documents not annexed to the application – Inadmissibility (Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the General Court, Art. 177(1)(d)) (see paras 21, 22, 25) 2. EU trade mark – Surrender, revocation and invalidity – Application for revocation – Admissibility – Conditions – Interest in bringing proceedings (Council Regulation No 207/2009, Art. 56(1)(a)) (see paras 31-34) 3. EU trade mark – Definition and acquisition of the EU trade mark – Assessment of the registrability of a sign – EU rules only taken into account – Decisions of national authorities not binding EU bodies (Council Regulation No 207/2009) (see paras 36, 37) 4. EU trade mark – Appeals procedure – Appeal to a Board of Appeal – Stay of proceedings – Conditions (Commission Regulation No 2868/95, Art. 1, Rules 20(7)(c) and 50(1)] (see paras 47-49) Re: ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 6 June 2016 (Case R 278/2015‑4), relating to revocation proceedings between Autec and Carrera Brands. Operative part The Court: 1. Dismisses the action; 2. Orders Carrera Brands Ltd to pay the costs.