Source: EURLEX
Language: en
Format: md

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| 14.6.2021 | EN | Official Journal of the European Union | C 228/21 |

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Request for a preliminary ruling from the Landgericht Saarbrücken (Germany) lodged on 23 March 2021 — Maxxus Group GmbH & Co. KG v Globus Holding GmbH & Co. KG

(Case C-183/21)

(2021/C 228/28)

Language of the case: German

Referring court

Landgericht Saarbrücken

Parties to the main proceedings

Applicant: Maxxus Group GmbH & Co. KG

Defendant: Globus Holding GmbH & Co. KG

Question referred

Are Directive 2008/95/EC, [(1)](#ntr1-C_2021228EN.01002102-E0001) in particular in Article 12, and

Directive (EU) 2015/2436, [(2)](#ntr2-C_2021228EN.01002102-E0002) in particular in Articles 16, 17 and 19,

to be interpreted as meaning that the effet utile of those provisions prohibits an interpretation of national procedural law which

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| 1. | imposes on the applicant in civil proceedings for cancellation of a national registered trade mark on grounds of revocation for non-use a burden of raising and presenting an issue, as distinguished from the burden of proof; and |

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| 2. | requires the applicant, in the context of that burden of raising and presenting an issue,   |  |  | | --- | --- | | a. | to make, in such proceedings, substantiated submissions regarding the defendant’s non-use of the trade mark, to the extent that it is possible for the applicant to do so; and |  |  |  | | --- | --- | | b. | to carry out, for that purpose, its own research into the market, in a manner which is appropriate to the request for cancellation and to the specific nature of the trade mark concerned. | |

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