Judgment of the General Court (First Chamber) of 8 March 2017

1. EU 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 registrationApplicant’s knowledge that a third party is using an identical or similar signIntention of the applicantDegree of legal protection of the signs at issueCommercial logic underlying the registration of the contested sign as an EU trade markChronology of events characterising the filing of the trade mark application

(Council Regulation No 207/2009, Art. 52(1)(b))

(see paras 42-44)

2. EU 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. 58)

Re:

ACTION brought against the decision of the Second Board of Appeal of EUIPO of 4 November 2015 (Case R 102/2015-2), relating to invalidity proceedings between Ms Biernacka-Hoba and Formata Bogusław Hoba.

Operative part

The Court:

1. Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 4 November 2015 (Case R 102/2015-2), in so far as the Board of Appeal dismissed the application for a declaration of invalidity based on a relative ground for invalidity;

2. Dismisses the action as to the remainder;

3. Orders EUIPO to bear its own costs and to pay half of the costs incurred by Ms Ilona Biernacka-Hoba;

4. Orders Ms Biernacka-Hoba to bear half of her own costs.