IP case law Court of Justice

Referral C-62/21 (Leinfelder Uhren München, 2 Feb 2021)



1. Does the circumstance that an application for revocation of an EU trade mark on the grounds of non-use may be submitted by any natural or legal person and any body having the capacity to sue and be sued (Article 56(1)(a) of Regulation No 207/2009 and Article 63(1)(a) of Regulation 2017/1001, respectively) mean that a contractual agreement by which a person undertakes vis-à-vis an EU trade mark proprietor not to submit such an application is ineffective ?


2. Does the circumstance that an application for revocation of an EU trade mark on the grounds of non-use may be submitted by any natural or legal person and any body having the capacity to sue and be sued, as provided for in Article 56(1)(a) of Regulation No 207/2009 and Article 63(1)(a) of Regulation No 2017/1001, result in the irrelevance of a final judgment upholding the action for performance in revocation proceedings before the EUIPO or the Courts of the European Union ?


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