Key facts of the case:
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Invalidity proceedings — Declaration of invalidity on the basis of an earlier United Kingdom trade mark — Genuine use — Proof — Effects of the procedure for the withdrawal of the United Kingdom from the European Union on the proceedings before the General Court and the lawfulness of the decision at issue — None
Outcome of the case:
On those grounds, the Court (Ninth Chamber) hereby:
107) By its fifth ground of appeal, the appellant complains that the General Court infringed the principle of territoriality governing trade mark law under Article 6 of the Convention for the Protection of Industrial Property signed in Paris on 20 March 1883, as last revised at Stockholm on 14 July 1967 and amended on 28 September 1979 (United Nations Treaties Series, No 11851, Vol. 828, p. 305), and its fundamental right to exercise its intellectual property rights and to benefit from the unitary character of the EU trade mark. It relies, in that regard, on Article 17 of the Charter of Fundamental Rights of the European Union.