This document is an excerpt from the EUR-Lex website
Document 62020TJ0739
Judgment of the General Court (Third Chamber) of 22 June 2022.
Unite the Union v European Union Intellectual Property Office.
EU trade mark – Revocation proceedings – EU word mark WATERFORD – Action for annulment – Article 63(3) of Regulation (EU) 2017/1001 – Admissibility – Trade mark liable to mislead the public – Article 51(1)(c) of Regulation (EC) No 207/2009 (now Article 58(1)(c) of Regulation 2017/1001).
Case T-739/20.
Judgment of the General Court (Third Chamber) of 22 June 2022.
Unite the Union v European Union Intellectual Property Office.
EU trade mark – Revocation proceedings – EU word mark WATERFORD – Action for annulment – Article 63(3) of Regulation (EU) 2017/1001 – Admissibility – Trade mark liable to mislead the public – Article 51(1)(c) of Regulation (EC) No 207/2009 (now Article 58(1)(c) of Regulation 2017/1001).
Case T-739/20.
ECLI identifier: ECLI:EU:T:2022:381
Judgment of the General Court (Third Chamber) of 22 June 2022 –
Unite the Union v EUIPO – WWRD Ireland (WATERFORD)
(Case T‑739/20) ( 1 )
(EU trade mark – Revocation proceedings – EU word mark WATERFORD – Action for annulment – Article 63(3) of Regulation (EU) 2017/1001 – Admissibility – Trade mark liable to mislead the public – Article 51(1)(c) of Regulation (EC) No 207/2009 (now Article 58(1)(c) of Regulation 2017/1001))
1. |
Fundamental rights – Right to effective judicial protection – Right to an effective remedy – Scope (Charter of Fundamental Rights of the European Union, Art. 47, first para.) (see para. 27) |
2. |
EU trade mark – Appeals procedure – Action before the EU judicature – Jurisdiction of the General Court – Review of the legality of decisions of the Boards of Appeal – Annulment or variation for reasons appearing after judgment was delivered – Precluded (European Parliament and Council Regulation 2017/1001, Arts 72(2) and 95) (see para. 33) |
3. |
EU trade mark – Appeals procedure – Action before the EU judicature – Jurisdiction of the General Court – Review of the legality of decisions of the Boards of Appeal – Re-examination of the facts in the light of evidence not previously submitted before EUIPO bodies – Precluded (Rules of Procedure of the General Court, Art. 188; European Parliament and Council Regulation 2017/1001, Arts 72 and 95) (see para. 34) |
4. |
EU trade mark – Surrender, revocation and invalidity – Causes of revocation – Trade mark liable to mislead the public – Conditions (Council Regulation No 207/2009, Art. 51(1)(c)) (see paras 47, 50, 51) |
5. |
EU trade mark – Procedural provisions – Probative value of the evidence – Opinion poll (see paras 56, 57) |
6. |
EU trade mark – Surrender, revocation and invalidity – Causes of revocation – Mark liable to mislead the public – Word mark WATERFORD (Council Regulation No 207/2009, Art. 51(1)(c)) (see paras 49, 52, 65, 66) |
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders Unite the Union to bear its own costs and to pay those incurred by WWRD Ireland IPCO LLC; |
3. |
Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs. |
( 1 ) OJ C 62, 22.2.2021.