EUIPO Grand Board of Appeal says that ‘LA IRLANDESA’ EUTM is invalid on grounds of deceptiveness and bad faith

Abstract

Decision of the EUIPO Grand Board of Appeal in The Minister for Jobs, Enterprise and Innovation, a member of the Government of Ireland and Ornua Co-operative Limited v Hijos de Moises Rodriguez Gonzalez, S.A., R1499/2016-G, 2 March 2020 In its decision on 2 March 2020, the Grand Board of Appeal of the European Union Intellectual Property Office (EUIPO) considered that the figurative trade mark LA IRLANDESA was deceptive and had been filed in bad faith within the meaning of Articles 7(1)(g) and 59(1)(b) of the EU Trade Mark Regulation 2017/1001 (EUTMR). With particular regard to the latter, the deceptiveness of the mark and the business relationship with one of the invalidity applicants were regarded as a key. In 2014, Hijos de Moisés Rodríguez González S.A. registered the following EU trade mark (EUTM) for goods in Class 29 (meat, fish, poultry and game, meat extracts, preserved, frozen,...