In its judgment of 12 December 2019 (C-143/19 P), the
Court of Justice of the European Union (CJEU) annulled the judgment
of the General Court (GC) by which it had declared the collective
figurative trademark for "Grüner Punkt" to be
revoked for all registered goods with the exception of
packaging.
Background
In 1996, Duales System Deutschland GmbH had applied for
registration of the "Grüner Punkt" and the
corresponding figurative sign as EU collective trademark with the
EUIPO. Subsequently, the company granted licenses in the trademark
to third parties to participate in the waste disposal system behind
it. After the EUIPO had partially cancelled the trademark in 2015
due to non-use, the trademark owner filed an unsuccessful appeal
against this decision. In its judgment of 12 September 2018
(T-253/17), the GC also dismissed the trademark owner's
subsequent action. According to the GC, the public will recognise
the "Grüner Punkt" trademark on sales packaging
