(Case C-183/21 Request for a preliminary ruling from the Landgericht Saarbrücken (Germany) lodged on 23March 2021– Maxxus Group GmbH & Co. KG v Globus Holding GmbH & Co. KG
Fecha: 01-Oct-2008
Request for a preliminary ruling from the Landgericht Saarbrücken (Germany) lodged on 23March 2021– Maxxus Group GmbH & Co. KG v Globus Holding GmbH & Co. KG
(Case C-183/21)
Language of the case: German
Referring court
Landgericht Saarbrücken
Parties to the main proceedings
Applicant: Maxxus Group GmbH & Co. KG
Defendant: Globus Holding GmbH & Co. KG
Question referred
Are Directive 2008/95/EC,1 in particular in Article12, and
Directive (EU) 2015/2436,2 in particular in Articles16, 17 and 19,
to be interpreted as meaning that the effet utile of those provisions prohibits an interpretation of national procedural law which
imposes on the applicant in civil proceedings for cancellation of a national registered trade mark on grounds of revocation for non-use a burden of raising and presenting an issue, as distinguished from the burden of proof; and
requires the applicant, in the context of that burden of raising and presenting an issue,
to make, in such proceedings, substantiated submissions regarding the defendant’s non-use of the trade mark, to the extent that it is possible for the applicant to do so; and
to carry out, for that purpose, its own research into the market, in a manner which is appropriate to the request for cancellation and to the specific nature of the trade mark concerned.