EUIPO may revoke decisions with obvious procedural errors including inadequate reasons.

European Court of Justice (Second Chamber) · 31 oktober 2019 · Judgment · Appeal

(Appeal – EU trade mark – Invalidity proceedings – Revocation of the Board of Appeal’s original decision partially rejecting the application for a declaration of invalidity of the EU word mark REPOWER)

Rechtsvraag

Whether the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) was correct in revoking its decision of 8 February 2016, which dismissed the appeal against the Cancellation Division's decision partially invalidating the EU word mark REPOWER.

Regel

  • Article 75, Regulation No 207/2009 (EU Trade Mark Regulation) (Decisions of the Office shall state the reasons on which they are based and be based only on reasons or evidence on which the parties concerned have had an opportunity to present their comments.)
  • Article 80(1), Regulation No 207/2009 (EU Trade Mark Regulation) (Where the Office has made an entry in the Register or taken a decision which contains an obvious procedural error attributable to the Office, it shall ensure that the entry is cancelled or the decision is revoked.)
  • Article 83, Regulation No 207/2009 (EU Trade Mark Regulation) (In the absence of procedural provisions in this Regulation, the Office shall take into account the principles of procedural law generally recognised in the Member States.)

Conclusie

The Court of Justice upheld the General Court's decision, concluding that the Fifth Board of Appeal was correct in revoking its decision of 8 February 2016 due to an inadequate statement of reasons, which constituted an obvious procedural error under Article 80(1) of Regulation No 207/2009.

Tijdlijn

  1. 26-06-2009 Repower AG obtained protection in the European Union for international registration No 1020351 of the word mark REPOWER pursuant to Regulation No 207/2009.
  2. 03-06-2013 repowermap.org filed an application for a declaration of invalidity of the contested mark, claiming it was descriptive and devoid of distinctive character.
  3. 09-07-2014 The EUIPO Cancellation Division partially upheld the application for a declaration of invalidity filed by repowermap.org.
  4. 08-09-2014 repowermap.org filed a notice of appeal at EUIPO against the decision of the Cancellation Division.
  5. 08-02-2016 The Fifth Board of Appeal of EUIPO dismissed the appeal filed by repowermap.org.
  6. 26-04-2016 repowermap.org lodged an action at the General Court against the decision of 8 February 2016.
  7. 22-06-2016 The Fifth Board of Appeal informed the parties that it found the decision of 8 February 2016 contained an inadequate statement of reasons and considered it appropriate to revoke the decision.
  8. 05-07-2016 Repower AG submitted its observations, maintaining that the decision could not be revoked based on Article 80 of Regulation No 207/2009.
  9. 20-07-2016 repowermap.org submitted its observations, preferring to continue proceedings before the General Court.
  10. 03-08-2016 The Fifth Board of Appeal of EUIPO revoked the decision of 8 February 2016, citing an inadequate statement of reasons as an obvious procedural error.
  11. 10-10-2016 Repower AG brought an action for annulment of the contested decision at the General Court.
  12. 21-02-2018 The General Court dismissed Repower AG's action for annulment of the decision of the Fifth Board of Appeal.