Judgment of the General Court (Ninth Chamber) of 28 January 2016

Data

Court: General Court

Case date: 28 januari 2016

Verdict

Judgment of the General Court (Ninth Chamber) of 28 January 2016 —

Gugler France v OHIM — Gugler (GUGLER)

(Case T‑674/13)

"Community trade mark - Invalidity proceedings - Community figurative mark GUGLER - Absolute ground for refusal - Article 52(1)(b) of Regulation (EC) No 207/2009 - Relative ground for refusal - Article 8(4) and Article 53(1)(c) of Regulation No 207/2009 - Obligation to state reasons - Article 75 of Regulation No 207/2009 - Ground raised by the Court of its own motion"

Community trade markSurrender, revocation and invalidityRelative grounds for invalidityExistence of an earlier trade mark as referred to in Article 8(4) of Regulation No 207/2009ConditionsInterpretation in the light of EU lawAssessment by reference to the criteria determined by the national law governing the sign relied on (Council Regulation No 207/2009, Arts 8(4), and 53(1)(c)) (see paras 34-36)

Community trade markSurrender, revocation and invalidityInvalidity action based on the existence of an earlier national rightBurden of proof (Council Regulation No207/2009, Arts 8(4)(b), and 53(1)(c)) (see paras 37, 38)

Actions for annulmentGroundsInfringement of essential procedural requirementsInadequate statement of reasonsTo be considered of the Court’s own motionObligation to comply with the audi ateram partem principle (Arts 263 TFEU and 296 TFEU) (see paras 53, 54)

Community trade markSurrender, revocation and invalidityAbsolute grounds for invalidityApplicant in bad faith when lodging the trade mark applicationCriteria for assessmentTaking into account of all relevant factors at the time of filing the application for registration (Council Regulation No 207/2009, Art. 52(1)(b)) (see paras 72-74)

Community trade markAppeals procedureAction before the EU judicaturePower of the General Court to alter the contested decisionLimits (Council Regulation No 207/2009, Art. 65(3)) (see para. 100)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 16 October 2013 (Case R 356/2012-4), relating to invalidity proceedings between Gugler France and Mr Alexander Gugler.

Operative part

The Court:

Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 16 October 2013 (Case R 356/2012-4);

Dismisses the action as to the remainder;

Orders OHIM to bear its own costs and to pay those incurred by Gugler France in the course of the proceedings before the Court.