Telefónica v EUIPO: ‘e plus’ mark remains protected
The General Court annulled EUIPO's decision revoking the ‘e plus’ mark for lack of genuine use.
What was the case about?
ePlus Inc. applied to EUIPO for revocation of the EU word mark ‘e plus’, registered on 13 December 2006 for telecommunications services in Class 38. It claimed that the mark had not been put to genuine use within a continuous period of five years (Article 58(1)(a) of Regulation 2017/1001). EUIPO's Cancellation Division revoked the mark on 1 February 2024. The Board of Appeal dismissed Telefónica Germany's appeal by decision of 24 February 2025, finding that the evidence submitted did not demonstrate use for the registered services.
Telefónica Germany brought an action for annulment before the General Court. The Court examined in particular the nature of use and found that the evidence demonstrated use of the mark as a trade mark, in a form that did not alter its distinctive character, and for the services concerned. It referred to earlier judgments holding that the gradual transfer from ‘E-Plus’ to ‘O2’ did not prove that use of the former mark had ceased. The Court annulled the Board of Appeal's decision and ordered EUIPO to pay the costs.
Mark remains protected: use proven
The General Court annulled the decision of EUIPO's Board of Appeal revoking the word mark ‘e plus’. It found that Telefónica Germany had demonstrated the nature of use of the mark for telecommunications services in Class 38 during the relevant period. EUIPO must bear its own costs and those incurred by Telefónica Germany.
What you can learn from this
For Swiss SMEs, this case shows the importance of carefully documenting use of a trade mark. A mark not genuinely used for five years risks revocation. Keep evidence showing the place, time, extent and nature of use: invoices, catalogues, advertising materials, packaging and the like. Even a gradual switch to another mark does not automatically end use of the old one, as long as the goods or services continue to be offered under the protected mark.
When choosing and monitoring a mark, SMEs should also research early whether prior third-party rights exist. If your own mark is challenged, well-documented use is the best defence. In case of doubt, seek advice from a specialist, especially if you use your mark only sporadically or in a modified form over the years.
Case ticker
This ticker follows the case automatically: new decisions appear here as soon as they are published in official sources.
Monitored automatically · Status: 23.10.2026
- 30.09.2026 General Court annuls EUIPO decision: ‘e plus’ mark remains protected due to proven use. Source
- 16.04.2025 On 16 April 2025, action T-255/25 by Telefónica Germany against EUIPO concerning the trade mark 'e plus' was brought before the General Court of the European Union. Source
Entries are generated automatically from official sources. Decisions may be appealed and are not necessarily final.
Sources
General Court of the European Union, judgment of 30 September 2026, T-255/25.
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This article was generated automatically from published decisions, is for information purposes and does not constitute legal advice.