France Agro v EUIPO - Chafay (Choumicha Saveurs) (EU trade mark - Judgment) French Text [2021] EUECJ T-311/20 (28 April 2021)

France Agro v EUIPO - Chafay (Choumicha Saveurs) (EU trade mark - Judgment) French Text [2021] EUECJ T-311/20 (28 April 2021)

France Agro was found to have acted in bad faith when filing the EU trade mark 'Choumicha Saveurs', as it was aware of Chafay's reputation as 'Choumicha' in the culinary field and intentionally sought to create an association with her, thereby unfairly benefiting from her reputation and preventing her from...

Source-derived case information.

Citation
[2021] EUECJ T-311/20
Parties
Applicant: France Agro; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO); Intervener: Choumicha Chafay
Jurisdiction
European Union
Procedural Posture
EU Trade Mark Annulment Appeal / Judgment on Appeal From EUIPO Board of Appeal
Outcome
Appeal dismissed; trade mark declared invalid for all goods; applicant condemned to costs.
Legal Topics
EU Trade Mark, Bad Faith, Absolute Grounds for Refusal, Nullity Proceedings
Intellectual Property European Union Law EU Trade Mark Bad Faith Absolute Grounds for Refusal Nullity Proceedings

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 18 Party arguments 2
Sign in to unlock

Parties

France Agro

Applicant

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

Respondent

Choumicha Chafay

Intervener

Procedural Posture

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

  1. 1 Whether the applicant was in bad faith at the time of filing the EU trade mark 'Choumicha Saveurs' under Article 52(1)(b) of Regulation No 207/2009 (now Article 59(1)(b) of Regulation 2017/1001)
  2. 2 Whether the Board of Appeal correctly annulled the trade mark registration for bad faith

Ratio Decidendi

France Agro was found to have acted in bad faith when filing the EU trade mark 'Choumicha Saveurs', as it was aware of Chafay's reputation as 'Choumicha' in the culinary field and intentionally sought to create an association with her, thereby unfairly benefiting from her reputation and preventing her from exploiting it in the EU. The applicant failed to provide convincing evidence of good faith or legitimate commercial logic for the filing. The existence of a prior identical French mark did not negate bad faith under EU law.

Court Disposition

Appeal dismissed; trade mark declared invalid for all goods; applicant condemned to costs.

Orders

  • The appeal is rejected.
  • France Agro is ordered to pay the costs.