CJEU refuses Formula E trademark appeal
Europe’s highest court has rejected a bid from the owners of electric-powered racing series Formula E after a lower court revoked its trademark.
Today, April 10, the Court of Justice for the European Union (CJEU) upheld a decision by the General Court that The Green Effort, which owns the Formula E brand, failed to appeal the decision in the given time frame.
The ‘Formula E’ trademark covered classes 25, 38 and 41, which included clothing, broadcasting by radio and television, and organisation of sporting events.
In March 2016, the Cancellation Division of the European Intellectual Property Office ( EUIPO) invited The Green Effort to submit proof of use of its trademark by June 21, 2016, after it was contested by motor racing regulator, Fédération internationale de l’automobile.
But, the EUIPO said the proof was submitted on June 22, “in disregard of the time limit prescribed”, so it did not take it into account.
Subsequently, The Green Effort’s trademark was revoked.
In an application lodged at the General Court on December 4, 2017, The Green Effort claimed it had been unable to send the documents proving genuine use due to technical failures in the EUIPO’s communication system.
But the General Court said it would near hear its appeal. The court found The Green Room had been notified of the decision to revoke its trademark on September 19, 2017 and the time limit for bringing an action against the decision expired on November 29, 2017.
In its appeal to the CJEU, The Green Room said the General Court wrongly calculated the starting point of the time limit.
It said that “notification” is deemed to have taken place on the fifth calendar day following the day on which the document was created by the EUIPO’s system.
The Green Room said given that the decision was placed in its inbox on September 19, 2017, and that September 24, 2017 was a Sunday, notification is deemed to have taken place from Monday, September 25, 2017.
“Therefore, the two-month time limit for bringing an action against the contested decision, extended by 10 days on account of distance, expired on 5 December 2017.”
But, the CJEU upheld the General Court’s decision that the ground of appeal was unfounded, noting that The Green Effort requested access to, and downloaded, the decision on September 19, 2017 and therefore, the time limit expired on November 29, 2017.
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