Directive 2008/95, Article 12(1) (“1. A trade mark shall be liable to revocation if, within a continuous period of five years, it has not been put to genuine use in the Member State in connection with the goods or services in respect of which it is registered, and there are no proper reasons for non-use....”).
Council Regulation (EC) No 207/2009, article 55(1) (“1. The [European Union] trade mark shall be deemed not to have had, as from the date of the application for revocation or of the counterclaim, the effects specified in this Regulation, to the extent that the rights of the proprietor have been revoked. An earlier date, on which one of the grounds for revocation occurred, may be fixed in the decision at the request of one of the parties.”).
C-622/18 - Cooper International Spirits and Others (ECLI:EU:C:2020:241).
Id. para 17.
Id. para 18.
Id. para 19.
Id. para 20.
Id. paras 21-22.
Id. para 24.
Id. para 26.
Länsförsäkringar (C‑654/15, EU:C:2016:998).
C-622/18 - Cooper International Spirits and Others, para 32.
Id. para 40.
Directive 2008/95, Article 11(3) (“3. Without prejudice to the application of Article 12, where a counter-claim for revocation is made, any Member State may provide that a trade mark may not be successfully invoked in infringement proceedings if it is established as a result of a plea that the trade mark could be revoked pursuant to Article 12(1).”).
French Intellectual Property Code, Article L 714‑5(“Revocation shall take effect as of the date of expiry of the five-year period laid down in the first paragraph of this Article. It shall have absolute effect.”).
C-622/18 - Cooper International Spirits and Others, para 45.
Directive 2004/48/EC on the enforcement of intellectual property rights , Article 13(1)(“1. Member States shall ensure that the competent judicial authorities, on application of the injured party, order the infringer who knowingly, or with reasonable grounds to know, engaged in an infringing activity, to pay the rightholder damages appropriate to the actual prejudice suffered by him/her as a result of the infringement.”).
C-622/18 - Cooper International Spirits and Others, para 47.