A counterclaim targeting the validity of an EUTM is not impacted by the withdrawal of the infringement action

In its judgment in Case C-256/21, the Court of Justice of the EU (CJEU) recognized the autonomous nature of counterclaims for invalidity of European Union Trademarks (EUTMs).

‍The case, revolved around a main action, brought before the German courts, over alleged infringement of an EUTM. The defendants in the case, filed a counterclaim seeking the invalidation of the EUTM, the plaintiff withdrew the action, but the defendants maintained the invalidity counterclaim.

‍The First Instance Court held the counterclaim admissible and declared the EUTM invalid. The Appellate Court decided to refer to the CJEU for a preliminary ruling. Read more