Judgment of the General Court (Fourth Chamber) of 12 July 2019

1. EU trade markAppeals procedureAction before the EU judicatureJurisdiction of the General CourtDirection addressed to the OfficeNot Precluded

(Council Regulation No 207/2009, Art. 65(6))

(see para. 18)

2. 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 applicationOrigin of the sign at issue and its use since its creation

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

(see paras 27-32)

3. EU trade markSurrender, revocation and invalidityAbsolute grounds for invalidityApplicant in bad faith when lodging the trade mark applicationMarque figurative C del M

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

(see paras 49-56)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 4 September 2017 (Case R 1618/2015-5), relating to invalidity proceedings between, on the one hand, Café del Mar, Mr Les Viamonte and Mr Andrea González and, on the other, Mr Guiral Broto.

Operative part

The Court:

1. Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 4 September 2017 (Case R 1618/2015-5);

2. Orders EUIPO to bear its own costs and to pay those incurred by Café del Mar SC, Mr José Les Viamonte and Mr Carlos Andrea González in the proceedings before the General Court;

3. Orders Mr Ramón Guiral Broto to bear his own costs and to pay those incurred by Café del Mar, Mr Les Viamonte and Mr Andrea González in the proceedings before the Board of Appeal.