#62025TJ0283EU General Court case on a rice trade mark dispute
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
This judgment deals with a challenge to an EU trade mark used for rice and rice-based products. Global Rice asked EUIPO to invalidate a figurative mark showing the sun and Arabic characters, arguing that it conflicted with an earlier non-registered Bulgarian sign used for rice. The case matters for food businesses and brand owners that rely on packaging symbols, non-Latin scripts, or unregistered national signs. It shows that earlier signs used in trade can be relevant in EU trade mark disputes, but businesses need strong evidence of use and rights in the relevant market.
AI-generated summary. May contain errors. Refer to official sources for legal decisions.
Key Changes
- Reviews an EU trade mark invalidity dispute involving rice and rice-based products
- Examines whether an earlier non-registered Bulgarian sign can be used against a later EU trade mark
- Highlights the importance of evidence when relying on unregistered signs in EU brand disputes
Obligations
What this law requires
In EU trade mark invalidity proceedings based on Article 8(4) and Article 60(1)(c) of Regulation (EU) 2017/1001, the party relying on an earlier non-registered sign must substantiate the existence, use in trade, and enforceable rights in that sign in the relevant market.
EUIPO may consider earlier signs used in trade, including non-Latin figurative signs, when assessing a relative ground for invalidity under Article 8(4) and Article 60(1)(c) of Regulation (EU) 2017/1001.
Businesses challenging an EU trade mark on the basis of an earlier national unregistered sign should retain evidence showing commercial use of that sign for the relevant goods, such as rice or rice-based products, in the relevant Member State market.