Judgment of the General Court (Ninth Chamber) of 13 October 2021

1. EU trade markProcedural provisionsRestitutio in integrumConditionsDue care required by the circumstancesExceptional events, which cannot therefore be predicted

(European Parliament and Council Regulation 2017/1001, Art. 104(1))

(see paras 18, 19, 28)

2. EU trade markProcedural provisionsRestitutio in integrumConditions under which applicableRestrictive interpretation

(European Parliament and Council Regulation 2017/1001, Art. 104(1))

(see paras 20, 21, 38)

3. EU trade markDuration, renewal, alteration and division of the markRenewal of the markTime limitsNo renewal of the trade mark within the time limit givenRevocation of the trade markApplication for restitutio in integrumDuty of careObligation to verify whether tax has been paid

(European Parliament and Council Regulation 2017/1001, Arts 53(3) and (8) and 104(1))

(see paras 31, 32, 34-37)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 1 October 2020 (Case R 730/2020-5), relating to an application for restitutio in integrum in relation to the right to apply for renewal of the EU word mark BANDIT.

Operative part

The Court:

1. Dismisses the action;

2. Orders Andreas Freundlieb to bear his own costs and pay those incurred by the European Union Intellectual Property Office (EUIPO).