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Case C-256/21: Judgment of the Court (Fifth Chamber) of 13 October 2022 (request for a preliminary ruling from the Oberlandesgericht München — Germany) — KP v TV, Gemeinde Bodman-Ludwigshafen (Reference for a preliminary ruling — EU trade marks — Regulation (EU) 2017/1001 — Article 124(a) and (d) — Article 128 — Jurisdiction of EU trade mark courts — Action for infringement — Counterclaim for a declaration of invalidity — Withdrawal of the action for infringement — Outcome of the counterclaim — Autonomous nature of the counterclaim)
ECLI:EU:UNKNOWN:62021CA0256
62021CA0256
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Official Journal of the European Union
C 463/9
(Case C-256/21) (1)
(Reference for a preliminary ruling - EU trade marks - Regulation (EU) 2017/1001 - Article 124(a) and (d) - Article 128 - Jurisdiction of EU trade mark courts - Action for infringement - Counterclaim for a declaration of invalidity - Withdrawal of the action for infringement - Outcome of the counterclaim - Autonomous nature of the counterclaim)
(2022/C 463/10)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: KP
Defendants: TV, Gemeinde Bodman-Ludwigshafen
Operative part of the judgment
Article 124(a) and (d) and Article 128 of Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark,
must be interpreted as meaning that an EU trade mark court hearing an action for infringement based on an EU trade mark the validity of which is challenged by means of a counterclaim for a declaration of invalidity still has jurisdiction to rule on the validity of that mark, in spite of the withdrawal of the main action.
(1) OJ C 278, 12.7.2021.