Cilem Records International v EUIPO - KVZ Music (HALIX RECORDS) (EU Trade Mark - Judgment) French Text [2022] EUECJ T-118/21 (06 April 2022)

Cilem Records International v EUIPO - KVZ Music (HALIX RECORDS) (EU Trade Mark - Judgment) French Text [2022] EUECJ T-118/21 (06 April 2022)

The applicant was not the owner or licensee of the prior German marks at the time of filing the opposition and failed to provide timely proof of ownership or sufficient evidence of enforceable prior rights under Article 8(4) EUTMR. The subsequent transfer of rights and additional evidence submitted after the...

Source-derived case information.

Citation
[2022] EUECJ T-118/21
Parties
Applicant: Cilem Records International UG; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO); Intervener: KVZ Music Ltd
Jurisdiction
European Union
Procedural Posture
EU Trade Mark Opposition Appeal / Judgment on Appeal From EUIPO Board of Appeal
Outcome
Appeal dismissed; opposition rejected.
Legal Topics
EU Trade Mark Opposition, Standing to Oppose, Proof of Prior Rights, Procedural Requirements, Article 8(4) EUTMR, Rule 19 Regulation 2868/95
Intellectual Property European Union Law EU Trade Mark Opposition Standing to Oppose Proof of Prior Rights Procedural Requirements Article 8(4) EUTMR Rule 19 Regulation 2868/95

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Parties

Cilem Records International UG

Applicant

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

Respondent

KVZ Music Ltd

Intervener

Procedural Posture

EU Trade Mark Opposition Appeal / Judgment on Appeal From EUIPO Board of Appeal

  1. 1 Whether the applicant had standing to oppose based on prior rights under Article 8(4) EUTMR
  2. 2 Whether the applicant provided sufficient proof of ownership and scope of prior rights within the procedural deadlines
  3. 3 Whether the Board of Appeal erred in rejecting the opposition for lack of standing and insufficient evidence

Ratio Decidendi

The applicant was not the owner or licensee of the prior German marks at the time of filing the opposition and failed to provide timely proof of ownership or sufficient evidence of enforceable prior rights under Article 8(4) EUTMR. The subsequent transfer of rights and additional evidence submitted after the deadline could not remedy this deficiency. The Board of Appeal correctly rejected the opposition as unfounded.

Court Disposition

Appeal dismissed; opposition rejected.

Orders

  • The appeal is rejected.
  • Cilem Records International UG is ordered to bear its own costs and those of EUIPO.