Husqvarna (Judgment) French Text [2020] EUECJ C-607/19 (17 December 2020)

Husqvarna (Judgment) French Text [2020] EUECJ C-607/19 (17 December 2020)

In the case of a counterclaim for revocation of an EU trademark, the relevant date for determining whether the uninterrupted five-year period of non-use has expired is the date of introduction of the counterclaim, as required by Article 51(1)(a) and Article 55(1) of Regulation No 207/2009. The regulation does not...

Source-derived case information.

Citation
[2020] EUECJ C-607/19
Parties
Applicant: Husqvarna AB; Respondent: Lidl Digital International GmbH & Co. KG (formerly Lidl E-Commerce International GmbH & Co. KG)
Jurisdiction
European Union
Procedural Posture
Preliminary Ruling (renvoi Préjudiciel) / Judgment on Reference From Bundesgerichtshof (federal Court of Justice, Germany)
Outcome
Preliminary ruling issued; interpretation of EU law provided.
Legal Topics
EU Trademark Law, Non Use Revocation, Procedural Law, Interpretation of Regulation (ec) No 207/2009, Interpretation of Regulation (eu) 2017/1001
Intellectual Property European Union Law EU Trademark Law Non Use Revocation Procedural Law Interpretation of Regulation (ec) No 207/2009 Interpretation of Regulation (eu) 2017/1001

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Parties

Husqvarna AB

Applicant

Lidl Digital International GmbH & Co. KG (formerly Lidl E-Commerce International GmbH & Co. KG)

Respondent

Procedural Posture

Preliminary Ruling (renvoi Préjudiciel) / Judgment on Reference From Bundesgerichtshof (federal Court of Justice, Germany)

  1. 1 What is the relevant date for assessing the five-year period of non-use in a counterclaim for revocation of an EU trademark under Article 51(1)(a) of Regulation No 207/2009 and Article 58(1)(a) of Regulation 2017/1001?
  2. 2 Is this date determined by EU law or by national procedural law?

Ratio Decidendi

In the case of a counterclaim for revocation of an EU trademark, the relevant date for determining whether the uninterrupted five-year period of non-use has expired is the date of introduction of the counterclaim, as required by Article 51(1)(a) and Article 55(1) of Regulation No 207/2009. The regulation does not permit the assessment to be made at a later date, such as the date of the last hearing, and the effects of revocation are tied to the date of the request.

Court Disposition

Preliminary ruling issued; interpretation of EU law provided.

Orders

  • Article 51(1)(a) of Regulation (EC) No 207/2009 must be interpreted as meaning that, in the case of a counterclaim for revocation of an EU trademark, the relevant date for determining whether the uninterrupted five-year period of non-use has expired is the date of introduction of the counterclaim.