News

Invalidity can only be declared in respect of registered EU trade marks

20 September 2023

Trade mark applicant Grzegorz Mordalski, filed for registration of a trade mark with the Polish Trademark Office on January 21, 2016 for class 30. The Trademark Office refused registration of this trade mark due to an earlier similar European Union trade mark, No. 008291056 ANITA, registered by Anita Food SA for classes 30 and 43, although this trade mark expired on 11 May 2019 due to non-renewal. The applicant filed an application for a declaration of invalidity of this EU trade mark with the EUIPO on 1 November 2020 which was rejected as inadmissible also in second instance.

It can be taken from that decision that invalidity can only be declared in respect of an EU trade mark whose registration has not yet expired. The invalidity of a trade mark whose registration has expired may be declared only if the applicant shows a legitimate interest in a decision and only if the EU trade mark expires after the invalidity proceedings have been instituted and not – as in the present case – before.

This shows that a registration which no longer exists cannot be revived without a legal basis.