By means of a recent decision of October 13th, 2022, the Court of Justice of the European Union (CJEU) has answered the question on whether an EU trademark court hearing an action for infringement based on an EU trademark – the validity of which is challenged by means of a counterclaim for a declaration of invalidity – still has jurisdiction to rule on the validity of that mark, in spite of the withdrawal of the main action.
The company KP (KP) is the owner of the EU word trademark ‘Apfelzügle’ registered on October 19th, 2017…
