This document is an excerpt from the EUR-Lex website
Document 62024TO0443
Order of the General Court (Third Chamber) of 17 July 2025.
ECE Group GmbH & Co. KG v European Union Intellectual Property Office.
EU trade mark – Invalidity proceedings – EU figurative mark ECE LOGISTICS – International registration designating the European Union of the earlier figurative mark ECE – Earlier EU word mark ECE – Earlier national word mark ECE Logistics – Relative ground for invalidity – No likelihood of confusion – No similarity between the goods and services – Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 – Obligation to state reasons – Article 94(1) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law.
Case T-443/24.
Order of the General Court (Third Chamber) of 17 July 2025.
ECE Group GmbH & Co. KG v European Union Intellectual Property Office.
EU trade mark – Invalidity proceedings – EU figurative mark ECE LOGISTICS – International registration designating the European Union of the earlier figurative mark ECE – Earlier EU word mark ECE – Earlier national word mark ECE Logistics – Relative ground for invalidity – No likelihood of confusion – No similarity between the goods and services – Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 – Obligation to state reasons – Article 94(1) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law.
Case T-443/24.
ECLI identifier: ECLI:EU:T:2025:739
Order of the General Court (Third Chamber) of 17 July 2025 –
ECE Group v EUIPO – ECE Logistics (ECE LOGISTICS)
(Case T‑443/24)
(EU trade mark – Invalidity proceedings – EU figurative mark ECE LOGISTICS – International registration designating the European Union of the earlier figurative mark ECE – Earlier EU word mark ECE – Earlier national word mark ECE Logistics – Relative ground for invalidity – No likelihood of confusion – No similarity between the goods and services – Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 – Obligation to state reasons – Article 94(1) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law)
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EU trade mark – Procedural provisions – Statement of reasons for decisions – First sentence of Article 94(1) of Regulation 2017/1001 – Scope identical to that of Article 296 TFEU – Recourse by the Board of Appeal to implicit reasoning – Whether permissible – Conditions (Art. 296 TFEU; European Parliament and Council Directive 2017/1001, Art. 94(1), first sentence) (see paragraphs 20-23) |
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EU trade mark – Procedural provisions – Examination of the facts of EUIPO’s own motion – Invalidity proceedings concerning relative grounds for refusal – Examination restricted to the facts, evidence and arguments provided (Council Regulation No 207/2009, Arts 52 and 55) (see paragraph 43) |
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EU trade mark – Surrender, revocation and invalidity – Relative grounds for invalidity – Existence of an identical or similar earlier mark registered in respect of identical or similar goods or services – Likelihood of confusion with the earlier mark – Criteria for assessment (Council Regulation No 207/2009, Arts 8(1)(b) and 52(1)(a)) (see paragraphs 45, 46) |
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4. |
EU trade mark – Surrender, revocation and invalidity – Relative grounds for invalidity – Existence of an identical or similar earlier mark registered in respect of identical or similar goods or services – Similarity between the goods or services concerned – Criteria for assessment – Complementary nature of the goods or services (Council Regulation No 207/2009, Arts 8(1)(b) and 52(1)(a)) (see paragraphs 47, 55, 56, 58) |
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EU trade mark – Surrender, revocation and invalidity – Relative grounds for invalidity – Existence of an identical or similar earlier mark registered in respect of identical or similar goods or services – Figurative mark ECE LOGISTICS and word mark ECE Logistics (Council Regulation No 207/2009, Arts 8(1)(b) and 52(1)(a)) (see paragraphs 52, 54, 61) |
Operative part
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The action is dismissed. |
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ECE Group GmbH & Co. KG shall bear its own costs and pay those incurred by ECE Logistics sp. z o.o. |
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3. |
The European Union Intellectual Property Office (EUIPO) shall bear its own costs. |