On May 2016, the Bulgarian company Raphael Europe Ltd. filed its EU trademark application for “ROZALIYA jewelry for enlightenment” to protect goods in Classes 14 and 18. Following its usual uneventful processing, this trademark was granted in September of that same year.
Subsequently, on October 2021, singer Rosalía filed an application for revocation due to non-use of the aforementioned trademark with the EUIPO. Once the corresponding procedure was processed, the office issued its decision partially granting the revocation of the trademark for all goods except:
Class 14: Jewelry; Personal jewelry; Jewelry for personal adornment; Jewelry (ornaments for-); Decorative articles [trinkets or jewelry] for personal use; Necklaces [articles of jewelry]; Jewelry supplies.
Class 18: Bags, namely handbags, purses, clutch bags; Evening bags; Purses not made of precious metal; Clutch bags; Purses not made of precious metal; Handbags; Handbags.
Rosalía filed an appeal against this ruling with the Board of Appeal of the EUIPO itself; since this appeal was dismissed, the singer appealed to the General Court in Luxembourg.
The main issue to be resolved is whether the evidence submitted by the Bulgarian company to the EUIPO constitutes evidence of use for the goods in Class 14 for which the trademark remained in force. Thus, the owner of the contested trademark had submitted a series of sales invoices for these goods and screenshots from Facebook, YouTube, and Twitter to prove its use.
The General Court’s judgment dismissing Rosalía’s appeal confirms the validity of the evidence submitted by the Bulgarian company and the EUIPO’s correct examination of it.
Now Rosalía’s only option is to appeal this decision before the Court of Justice, also in Luxembourg.
Noelia Gutiérrez
Trademark Lawyer
