Judgment of the General Court (Seventh Chamber) of 21 May 2025 –Airbnb v EUIPO – Airtasker (AIRBNB) (Case T‑94/24)
Grade B
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Not the law itself: Judgment
Address https://gelex.eu/eli/EU/judgment/62024TJ0094_INF@2025-05-21/en
1. EU trade markSurrender, revocation and invalidityGrounds for revocationLack of genuine use of the markProof of useGenuine useConceptCriteria for assessmentRequirement of solid and objective evidence (European Parliament and Council Regulation 2017/1001, Arts 18(1) and 58(1)(a)) (see paragraphs 16-18, 20, 33)
2. EU trade markSurrender, revocation and invalidityGrounds for revocationLack of genuine use of the markProof of useBurden of proof (European Parliament and Council Regulation 2017/1001, Arts 18(1), 58(1)(a) and 64(2)) (see paragraph 19)
3. EU trade markSurrender, revocation and invalidityGrounds for revocationLack of genuine use of the markProof of usePartial useEffectConcept of some of the goods or services covered by the registration (European Parliament and Council Regulation 2017/1001, Arts 18(1)(a) and 58(2)) (see paragraphs 26, 27)
4. EU trade markLodging of application for EU trade markIdentification of the goods or services concerned by the trade markUse of the general indications in the headings of the classes of the Nice ClassificationScope (see paragraphs 29, 30, 42, 43)
5. EU trade markSurrender, revocation and invalidityGrounds for revocationLack of genuine use of the markWord mark AIRBNB (European Parliament and Council Regulation 2017/1001, Arts 18(1) and 58(1)(a)) (see paragraphs 34, 55, 67, 68, 78, 85, 98, 102, 103)
6. EU trade markProcedural provisionsProbative value of the evidenceSworn statements (European Parliament and Council Regulation 2017/1001, Art. 97(1)(f)) (see paragraph 72)
Operative part The Court:
1. Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 18 December 2023 (Joined Cases R 886/2022-2 and R 893/2022-2) in so far as it dismissed the appeal filed by Airbnb, Inc. (Case R 893/2022-2) [and upheld the revocation of EU trade mark No 9376468] in relation to the services providing reviews and feedback about listers and renters of real estate, from virtual communities and from social networking sites in Class 36 of the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended;
2. Dismisses the action as to the remainder;
3. Orders each party to bear its own costs.