Formula E trade mark battery dies after appeal refusal
Written by Ellis Sweetenham on 15 April 2019« Return to Reading Room
Formula E, the electric version of F1, has failed to power up their trade mark after their appeal was refused by the EU Intellectual Property Office.
The matter started with a dispute raised by motor racing regulator, Fédération internationale de l’automobile. They claimed that the Formula E mark was not being genuinely used.
Therefore the EUIPO gave The Green Effort, the owner of Formula E, two months in which to file evidence of their genuine use.
This evidence was not filed within the prescribed time limit and therefore their mark was revoked.
This decision was appealed on the grounds that Green Effort were unable to send the evidence in on time due to technical failures with the EUIPO communication system.
They also argue that the EUIPO had not calculated the time limit correctly.
They said that “notification” is deemed to have taken place on the fifth calendar day following the day on which the document was created by the EUIPO’s system.
The Green Room said given that the decision was placed in its inbox on September 19, 2017, and that September 24, 2017 was a Sunday, notification is deemed to have taken place from Monday, September 25, 2017, therefore meaning their submissions were in the two month time period.
The General Court considered the appeal, but sided with the EUIPO, and highlighted that as the communication was accessed and downloaded on 19 September, this is when the time limit ran from.
Therefore, the Formula E mark remains revoked and The Green Effort may have run out of energy to keep fighting this.
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