EU: The obligation to translate in a motion for invalidation (Mediaexpert v EUIPO)
On 20 March 2013, the company Mediaexpert S.A. submitted the following word-figurative EU trademark to the EUIPO:
for the following services in classes 35, 39 and 41:
- 35: Business management; business administration;
- 39: Transport; packaging and storing of goods;
- 41: Education; providing training; sports;
and the trademark was registered on 5 March 2014 under number 11674132 for all the services submitted.
On 22 May 2014, the company Mediaexpert sp. z o.o. applied for invalidation of the mark, citing an earlier protection right to a domestic, word-figurative trademark registered on 26 February 2010 under number R.226812 in the form:
for goods and services from classes 7, 9, 11, 12, 16, 20, 35, 39, 41 and 42.
Together with the motion for invalidation, the applicant attached a printout from the Polish Patent Office database and a list of goods and services in the Polish language, without a translation into English, which was the language of the proceeding for invalidation.
Fast forward to a ruling of 20 July 2017, the court dismissed the complaint by the applicant, that there had been a breach of the principle of the protection of justified expectations, and ordered the applicant to pay the costs of the proceedings.