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Case T-102/24: Order of the General Court of 19 February 2025 – Qx World v EUIPO – Mandelay (EDUCTOR) (EU trade mark – Invalidity proceedings – EU word mark EDUCTOR – Earlier non-registered mark EDUCTOR – Relative ground for invalidity – Article 53(1)(b) of Regulation (EC) No 207/2009 (now Article 60(1)(b) of Regulation (EU) 2017/1001) – Article 8(3) of Regulation No 207/2009 (now Article 8(3) of Regulation 2017/1001) – Infringement of essential procedural requirements – Principle of functional continuity – Article 72(1) of Regulation 2017/1001 – Error of law – Criteria for assessing the well-known character of a mark – Article 6bis of the Paris Convention – Distortion of the clear sense of the evidence produced – Action manifestly lacking any foundation in law)
ECLI:EU:UNKNOWN:62024TB0102
62024TB0102
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Official Journal of the European Union
C series
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C/2025/2545
12.5.2025
(Case T-102/24)
(EU trade mark - Invalidity proceedings - EU word mark EDUCTOR - Earlier non-registered mark EDUCTOR - Relative ground for invalidity - Article 53(1)(b) of Regulation (EC) No 207/2009 (now Article 60(1)(b) of Regulation (EU) 2017/1001) - Article 8(3) of Regulation No 207/2009 (now Article 8(3) of Regulation 2017/1001) - Infringement of essential procedural requirements - Principle of functional continuity - Article 72(1) of Regulation 2017/1001 - Error of law - Criteria for assessing the well-known character of a mark - Article 6bis of the Paris Convention - Distortion of the clear sense of the evidence produced - Action manifestly lacking any foundation in law)
(C/2025/2545)
Language of the case: English
Parties
Applicant: Qx World Kft. (Budapest, Hungary) (represented by: Á. László and A. Cserny, lawyers)
Defendant: European Union Intellectual Property Office (represented by: V. Ruzek, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Mandelay Magyarország Kereskedelmi Kft. (Mandelay Kft.) (Szigetszentmiklós, Hungary) (represented by: V. Łuszcz, C. Sár and É. Ulviczki, lawyers)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 20 December 2023 (Case R 8/2022-4).
Operative part of the order
1.The action is dismissed.
2.QX World Kft. is to bear its own costs and to pay those incurred by Mandelay Kft.
3.The European Union Intellectual Property Office (EUIPO) is to bear its own costs.
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OJ C C/2024/2634, 22.4.2024.
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ELI: http://data.europa.eu/eli/C/2025/2545/oj
ISSN 1977-091X (electronic edition)
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