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Case T-1089/23: Judgment of the General Court of 7 May 2025 – RTL Group Markenverwaltung v EUIPO – Örtl (RTL) (EU trade mark – Revocation proceedings – EU figurative mark RTL – Lack of genuine use of the mark – Article 58(1)(a) of Regulation (EU) 2017/1001 – Submission of facts and evidence for the first time before the Board of Appeal – Article 95(2) of Regulation 2017/1001 – Article 27(4) of Delegated Regulation (EU) 2018/625 – Misuse of rights)
ECLI:EU:UNKNOWN:62023TA1089
62023TA1089
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Official Journal of the European Union
C series
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C/2025/3278
24.6.2025
(Case T-1089/23)
(EU trade mark - Revocation proceedings - EU figurative mark RTL - Lack of genuine use of the mark - Article 58(1)(a) of Regulation (EU) 2017/1001 - Submission of facts and evidence for the first time before the Board of Appeal - Article 95(2) of Regulation 2017/1001 - Article 27(4) of Delegated Regulation (EU) 2018/625 - Misuse of rights)
(C/2025/3278)
Language of the case: German
Parties
Applicant: RTL Group Markenverwaltungs GmbH (Cologne, Germany) (represented by: W. Prinz and I. Leroux, lawyers)
Defendant: European Union Intellectual Property Office (represented by: A. Ringelhann, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Marcella Örtl (Selb, Germany) (represented by: J. Pröll, lawyer)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment or alteration of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 19 September 2023 (Case R 87/2023-2).
Operative part of the judgment
The Court:
1.Alters the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 19 September 2023 (Case R 87/2023-2) so as to dismiss the application for revocation in respect of all the services in Class 35 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, and corresponding to the following description: ‘Advertising, marketing and promotional services’;
2.Dismisses the action as to the remainder;
3.Orders RTL Group Markenverwaltungs GmbH, EUIPO and Ms Marcella Örtl to each bear their own costs.
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OJ C C/2024/567, 8.1.2024.
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ELI: http://data.europa.eu/eli/C/2025/3278/oj
ISSN 1977-091X (electronic edition)
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