Borussia VfL 1900 Monchengladbach v EUIPO - Neng (Fohlenelf) (EU trade mark - Judgment) French Text [2022] EUECJ T-747/21 (07 December 2022)

Borussia VfL 1900 Monchengladbach v EUIPO - Neng (Fohlenelf) (EU trade mark - Judgment) French Text [2022] EUECJ T-747/21 (07 December 2022)

The Tribunal held that the applicant lacked standing to challenge the Board of Appeal's decision regarding goods and services for which its claims had already been upheld. For the remaining goods/services, the Tribunal found that the Board of Appeal had correctly applied the law in requiring documentary evidence of...

Source-derived case information.

Citation
[2022] EUECJ T-747/21
Parties
Applicant: Borussia VfL 1900 Mönchengladbach GmbH; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO); Intervener: David Neng
Jurisdiction
European Union
Procedural Posture
EU Trade Mark Annulment (dechéance) / General Court (tribunal), Judgment on Appeal From EUIPO Board of Appeal
Outcome
Appeal partially upheld; Board of Appeal decision partially annulled
Legal Topics
EU Trade Mark, Genuine Use, Revocation Proceedings, Evidence Requirements, Procedural Admissibility
Intellectual Property European Union Law EU Trade Mark Genuine Use Revocation Proceedings Evidence Requirements Procedural Admissibility

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Parties

Borussia VfL 1900 Mönchengladbach GmbH

Applicant

Office de l’Union européenne pour la propriété intellectuelle (EUIPO)

Respondent

David Neng

Intervener

Procedural Posture

EU Trade Mark Annulment (dechéance) / General Court (tribunal), Judgment on Appeal From EUIPO Board of Appeal

  1. 1 Whether the applicant had standing to challenge the Board of Appeal decision for certain goods/services
  2. 2 Whether the evidence submitted demonstrated genuine use of the mark for the relevant goods/services
  3. 3 Whether the refusal to hear witness evidence was lawful under the applicable regulations

Ratio Decidendi

The Tribunal held that the applicant lacked standing to challenge the Board of Appeal's decision regarding goods and services for which its claims had already been upheld. For the remaining goods/services, the Tribunal found that the Board of Appeal had correctly applied the law in requiring documentary evidence of genuine use and in refusing to admit witness evidence. However, the Tribunal partially upheld the appeal, finding that for certain goods (articles in porcelain and faience, gourds, and textile bath towels), the evidence submitted was sufficient to demonstrate genuine use, and the Board of Appeal erred in not recognizing this.

Court Disposition

Appeal partially upheld; Board of Appeal decision partially annulled

Orders

  • The decision of the EUIPO Board of Appeal is annulled in part, insofar as it failed to recognize genuine use for 'articles in porcelain and faience', 'gourds' (class 21), and 'textile bath towels' (class 24).
  • The remainder of the appeal is dismissed as inadmissible or unfounded.