Funline International Corp's trade mark challenge dismissed

6 Mar 2025Court Report

The General Court upheld the revocation of Funline International Corp's trade mark for 'AMSTERDAM POPPERS'

General Court rules on trade mark revocation for 'AMSTERDAM POPPERS'

The General Court of the European Union delivered a significant ruling concerning the trade mark 'AMSTERDAM POPPERS'. The case, brought by Funline International Corp., sought to annul a decision by the European Union Intellectual Property Office (EUIPO) that revoked the trade mark.

Funline International Corp. initially registered the trade mark for goods in Classes 1 and 3 of the Nice Agreement, which included chemicals for aphrodisiacs and cosmetics. However, the mark's use was challenged by MS Trade s. r. o., leading to its revocation by the EUIPO's Cancellation Division.

The Cancellation Division found that the evidence provided by Funline only demonstrated use of the mark for stimulant inhalers, classified under Class 5, not the registered classes. Funline appealed, but the EUIPO's Board of Appeal upheld the revocation, prompting Funline to take the matter to the General Court.

At the heart of the dispute was whether the trade mark's use aligned with the registered goods. Funline argued that 'AMSTERDAM POPPERS' were multipurpose products, fitting within the registered classes. However, the General Court found that the evidence only supported use as a finished product, not as raw materials or chemicals as registered.

Furthermore, the Court addressed procedural issues regarding the representation of Funline. The intervener, MS Trade, questioned the validity of Funline's legal representation, but the Court found no procedural violations, allowing the case to proceed.

The General Court's ruling underscores the importance of aligning trade mark use with the registered classes. It also highlights the procedural rigor required in EU trade mark cases, particularly concerning legal representation.

This decision is pivotal for intellectual property practitioners, emphasizing the necessity of clear evidence of use for the specific goods a trade mark is registered under.