14.6.2021

Official Journal of the European Union

C 228/21

(Case C-183/21)

(2021/C 228/28)

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: Maxxus Group GmbH & Co. KG

Defendant: Globus Holding GmbH & Co. KG

Question referred

Are Directive 2008/95/EC, (1) in particular in Article 12, and

Directive (EU) 2015/2436, (2) in particular in Articles 16, 17 and 19,

to be interpreted as meaning that the effet utile of those provisions prohibits an interpretation of national procedural law which

1.imposes on the applicant in civil proceedings for cancellation of a national registered trade mark on grounds of revocation for non-use a burden of raising and presenting an issue, as distinguished from the burden of proof; and

a.to make, in such proceedings, substantiated submissions regarding the defendant’s non-use of the trade mark, to the extent that it is possible for the applicant to do so; and

b.to carry out, for that purpose, its own research into the market, in a manner which is appropriate to the request for cancellation and to the specific nature of the trade mark concerned.

(1) Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks (Codified version) (OJ 2008 L 299, p. 25).

(2) Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks (OJ 2015 L 336, p. 1).