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Document 62019CA0607
Case C-607/19: Judgment of the Court (Fifth Chamber) of 17 December 2020 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Husqvarna AB v Lidl Digital International GmbH & Co. KG, formerly Lidl E-Commerce International GmbH & Co. KG (Reference for a preliminary ruling — EU trade marks — Regulation (EC) No 207/2009 — Article 51(1)(a) — Article 55(1) — Revocation of rights in an EU mark — EU mark which has not been put to genuine use within a continuous period of five years — Expiry of the period of five years — Date of assessment)
Case C-607/19: Judgment of the Court (Fifth Chamber) of 17 December 2020 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Husqvarna AB v Lidl Digital International GmbH & Co. KG, formerly Lidl E-Commerce International GmbH & Co. KG (Reference for a preliminary ruling — EU trade marks — Regulation (EC) No 207/2009 — Article 51(1)(a) — Article 55(1) — Revocation of rights in an EU mark — EU mark which has not been put to genuine use within a continuous period of five years — Expiry of the period of five years — Date of assessment)
Case C-607/19: Judgment of the Court (Fifth Chamber) of 17 December 2020 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Husqvarna AB v Lidl Digital International GmbH & Co. KG, formerly Lidl E-Commerce International GmbH & Co. KG (Reference for a preliminary ruling — EU trade marks — Regulation (EC) No 207/2009 — Article 51(1)(a) — Article 55(1) — Revocation of rights in an EU mark — EU mark which has not been put to genuine use within a continuous period of five years — Expiry of the period of five years — Date of assessment)
OJ C 62, 22.2.2021, p. 5–5
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
- Date of document:
- 17/12/2020
- Date lodged:
- 12/08/2019
- Author:
- Court of Justice
- Form:
- Judicial information
- Authentic language:
- German
- Type of procedure:
- Reference for a preliminary ruling
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- Select all documents mentioning this document
- Case affecting:
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- Related EU case-law document 62019CJ0607
- Instruments cited in case law:
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- EUROVOC descriptor:
|
22.2.2021 |
EN |
Official Journal of the European Union |
C 62/5 |
Judgment of the Court (Fifth Chamber) of 17 December 2020 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Husqvarna AB v Lidl Digital International GmbH & Co. KG, formerly Lidl E-Commerce International GmbH & Co. KG
(Case C-607/19) (1)
(Reference for a preliminary ruling - EU trade marks - Regulation (EC) No 207/2009 - Article 51(1)(a) - Article 55(1) - Revocation of rights in an EU mark - EU mark which has not been put to genuine use within a continuous period of five years - Expiry of the period of five years - Date of assessment)
(2021/C 62/04)
Language of the case: German
Referring court
Bundesgerichtshof
Parties to the main proceedings
Applicant and appellant on a point of law: Husqvarna AB
Defendant and respondent in the appeal on a point of law: Lidl Digital International GmbH & Co. KG, formerly Lidl E-Commerce International GmbH & Co. KG
Operative part of the judgment
Article 51(1)(a) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the [European Union] trade mark must be interpreted as meaning that, in the case of a counterclaim for the revocation of rights in an EU mark, the relevant date for the purposes of determining whether the continuous five-year period referred to in that provision has ended is the date on which that counterclaim was filed.
