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Case T-94/24: Judgment of the General Court of 21 May 2025 – Airbnb v EUIPO – Airtasker (AIRBNB) (EU trade mark – Revocation proceedings – EU word mark AIRBNB – Genuine use of the mark – Article 58(1)(a) of Regulation (EU) 2017/1001)

ECLI:EU:UNKNOWN:62024TA0094

62024TA0094

May 21, 2025
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Official Journal of the European Union

C series

C/2025/3523

(Case T-94/24)

(EU trade mark - Revocation proceedings - EU word mark AIRBNB - Genuine use of the mark - Article 58(1)(a) of Regulation (EU) 2017/1001)

(C/2025/3523)

Language of the case: English

Parties

Applicant: Airbnb, Inc. (San Francisco, California, United States) (represented by: M. Maier and A. Nordemann, lawyers)

Defendant: European Union Intellectual Property Office (represented by: D. Stoyanova-Valchanova, D. Hanf and V. Ruzek, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: Airtasker Pty Ltd (Sydney, Australia)

Re:

By its action under Article 263 TFEU, the applicant seeks the annulment in part of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 18 December 2023 (Joined Cases R 886/2022-2 and R 893/2022-2).

Operative part of the judgment

The Court:

1.Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 18 December 2023 (Joined Cases R 886/2022-2 and R 893/2022-2) in so far as it dismissed the appeal filed by Airbnb, Inc. (Case R 893/2022-2) [and upheld the revocation of EU trade mark No 9 376 468] in relation to the services ‘providing reviews and feedback about listers and renters of real estate, from virtual communities and from social networking sites’ in Class 36 of the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended;

2.Dismisses the action as to the remainder;

3.Orders each party to bear its own costs.

(1) OJ C C/2024/2449, 8.4.2024.

ELI: http://data.europa.eu/eli/C/2025/3523/oj

ISSN 1977-091X (electronic edition)

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