Case C-62/21 Leinfelder Uhren GmbH & Co KG v. E. Leinfelder GmbH and others

Court

Court of Justice of the European Union

Our Position

An application for revocation of an EU trademark on the grounds of non-use may be submitted by any natural or legal person and anybody having the capacity to sue and be sued. This does not lead to the ineffectiveness of a contractual agreement by which a third party undertakes vis-à-vis the proprietor of an EU trademark not to file an application with the EUIPO for the revocation of that EU trademark on the grounds of non-use. Further, should a court of an EU member state in its final judgment require the defendant to withdraw an application for the revocation of an EU trademark on the grounds of non-use (that was filed by him or her directly or via a person instructed by him or her), the judgment should be considered in revocation proceedings before the EUIPO and the EU courts.

Download this Brief