Zeta Farmaceutici v EUIPO - Specchiasol (EUPHYTOS) (EU trade mark - Judgment) French Text [2022] EUECJ T-515/21 (23 November 2022)

Zeta Farmaceutici v EUIPO - Specchiasol (EUPHYTOS) (EU trade mark - Judgment) French Text [2022] EUECJ T-515/21 (23 November 2022)

The Board of Appeal erred in refusing to consider evidence of use for the first relevant period solely because it was submitted for the first time on appeal and not as a complement to evidence already submitted for that period. The correct approach, as established by case law, is that evidence relating to one...

Source-derived case information.

Citation
[2022] EUECJ T-515/21
Parties
Applicant: Zeta Farmaceutici SpA; Respondent: Office de l’Union européenne pour la propriété intellectuelle (EUIPO); Other Party Before Board of Appeal: Specchiasol Srl
Jurisdiction
European Union
Procedural Posture
EU Trade Mark Annulment (nullity) Action / General Court (tribunal), Judgment on Appeal From EUIPO Board of Appeal
Outcome
Decision of the Board of Appeal annulled; case remitted for further consideration.
Legal Topics
EU Trade Mark Law, Proof of Genuine Use, Admissibility of Evidence, Procedural Law, Nullity Proceedings
Intellectual Property European Union Law EU Trade Mark Law Proof of Genuine Use Admissibility of Evidence Procedural Law 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 12 Party arguments 2
Sign in to unlock

Parties

Zeta Farmaceutici SpA

Applicant

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

Respondent

Specchiasol Srl

Other Party Before Board of Appeal

Procedural Posture

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

  1. 1 What is the correct period for which proof of genuine use of the earlier mark must be provided in an EU trade mark nullity action?
  2. 2 Was the Board of Appeal correct to refuse evidence of use submitted for the first time on appeal?
  3. 3 Does the five-year grace period for use apply in this context?

Ratio Decidendi

The Board of Appeal erred in refusing to consider evidence of use for the first relevant period solely because it was submitted for the first time on appeal and not as a complement to evidence already submitted for that period. The correct approach, as established by case law, is that evidence relating to one relevant period can complement evidence submitted for another period, and the Board of Appeal must exercise its discretion accordingly. The error could have affected the outcome, so the decision is annulled.

Court Disposition

Decision of the Board of Appeal annulled; case remitted for further consideration.

Orders

  • The decision of the first Board of Appeal of EUIPO of 10 June 2021 is annulled.
  • EUIPO is ordered to pay the applicant's costs before the General Court.