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Case C-607/19: Judgment of the Court (Fifth Chamber) of 17 December 2020 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Husqvarna AB v Lidl Digital International GmbH & Co. KG, formerly Lidl E-Commerce International GmbH & Co. KG (Reference for a preliminary ruling — EU trade marks — Regulation (EC) No 207/2009 — Article 51(1)(a) — Article 55(1) — Revocation of rights in an EU mark — EU mark which has not been put to genuine use within a continuous period of five years — Expiry of the period of five years — Date of assessment)
ECLI:EU:UNKNOWN:62019CA0607
62019CA0607
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22.2.2021
Official Journal of the European Union
C 62/5
(Case C-607/19)
(Reference for a preliminary ruling - EU trade marks - Regulation (EC) No 207/2009 - Article 51(1)(a) - Article 55(1) - Revocation of rights in an EU mark - EU mark which has not been put to genuine use within a continuous period of five years - Expiry of the period of five years - Date of assessment)
(2021/C 62/04)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant and appellant on a point of law: Husqvarna AB
Defendant and respondent in the appeal on a point of law: Lidl Digital International GmbH & Co. KG, formerly Lidl E-Commerce International GmbH & Co. KG
Operative part of the judgment
Article 51(1)(a) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the [European Union] trade mark must be interpreted as meaning that, in the case of a counterclaim for the revocation of rights in an EU mark, the relevant date for the purposes of determining whether the continuous five-year period referred to in that provision has ended is the date on which that counterclaim was filed.
(1) OJ C 27, 27.1.2020.