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Case C-654/21, LM (Counterclaim for a declaration of invalidity): Judgment of the Court (Tenth Chamber) of 8 June 2023 (request for a preliminary ruling from the Sąd Okręgowy w Warszawie — Poland) — LM v KP (Reference for a preliminary ruling — EU trade mark — Dispute before the national court — Jurisdiction of EU trade mark courts — Regulation (EU) 2017/1001 — Article 124 — Action for infringement — Article 128 — Counterclaim for a declaration of invalidity — Subject matter of that counterclaim — Article 129(3) — Rules of procedure governing the same type of action relating to a national trade mark — Principle of procedural autonomy)
ECLI:EU:UNKNOWN:62021CA0654
62021CA0654
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Official Journal of the European Union
C 261/28
(Case C-654/21, (<span class="oj-super oj-note-tag">1</span>) LM (Counterclaim for a declaration of invalidity))
(Reference for a preliminary ruling - EU trade mark - Dispute before the national court - Jurisdiction of EU trade mark courts - Regulation (EU) 2017/1001 - Article 124 - Action for infringement - Article 128 - Counterclaim for a declaration of invalidity - Subject matter of that counterclaim - Article 129(3) - Rules of procedure governing the same type of action relating to a national trade mark - Principle of procedural autonomy)
(2023/C 261/39)
Language of the case: Polish
Referring court
Parties to the main proceedings
Claimant and counter-defendant: LM
Defendant and counter-claimant: KP
Operative part of the judgment
Article 124(d) of Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark, read in conjunction with Article 128(1) thereof,
must be interpreted as meaning that a counterclaim for a declaration of invalidity of an EU trade mark may relate to all the rights which the proprietor of that mark derives from its registration and that the subject matter of that counterclaim is not restricted by the scope of the dispute as defined by the action for infringement.
Language of the case: Polish.
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(<span class="oj-super">1</span>) OJ C 64, 7.2.2022.