Hochmann Marketing v EUIPO (bittorrent) (EU trade mark - Judgment) French Text [2022] EUECJ T-337/20 (29 June 2022)

Hochmann Marketing v EUIPO (bittorrent) (EU trade mark - Judgment) French Text [2022] EUECJ T-337/20 (29 June 2022)

Transformation of the EU trade mark into an Austrian national mark was lawfully excluded because applicant failed to prove serious use in Austria, and prior decisions established lack of use with res judicata effect. Procedural errors did not warrant annulment as applicant was heard during appeal. No grounds for...

Source-derived case information.

Citation
[2022] EUECJ T-337/20
Parties
Applicant: Hochmann Marketing GmbH; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO)
Jurisdiction
European Union
Procedural Posture
EU Trade Mark Annulment Appeal / Judgment on Appeal Against Board of Appeal Decision
Outcome
Appeal dismissed
Legal Topics
EU Trade Mark Transformation, Revocation, Proof of Use, Procedural Rights, Dechéance, National Mark Conversion
Intellectual Property EU Law EU Trade Mark Transformation Revocation Proof of Use Procedural Rights Dechéance National Mark Conversion

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 5 Authorities cited 19 Party arguments 2
Sign in to unlock

Parties

Hochmann Marketing GmbH

Applicant

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

Respondent

Procedural Posture

EU Trade Mark Annulment Appeal / Judgment on Appeal Against Board of Appeal Decision

  1. 1 Whether transformation of an EU trade mark into an Austrian national mark is excluded due to lack of serious use
  2. 2 Whether procedural rights (right to be heard) were violated
  3. 3 Whether the Board of Appeal erred in law regarding the revocation decision

Ratio Decidendi

Transformation of the EU trade mark into an Austrian national mark was lawfully excluded because applicant failed to prove serious use in Austria, and prior decisions established lack of use with res judicata effect. Procedural errors did not warrant annulment as applicant was heard during appeal. No grounds for reimbursement of appeal fees.

Court Disposition

Appeal dismissed

Orders

  • Applicant's appeal rejected
  • Applicant condemned to pay costs