The General Court was able to find, without erring in law, that the principle of res judicata did not mean that the EUIPO was bound by the judgment of the tribunal de commerce de Bruxelles: The subject matter of the proceedings was different because of the exclusive competence of EUIPO’s adjudicating bodies to authorise or refuse the registration of an EU trade mark, which is different to any proceedings before a national court.
"54. In the present case, the respective subject matter, namely the claims, of the cases examined by the tribunal de commerce de Bruxelles (Commercial Court, Brussels) and by EUIPO are not identical. The action for infringement before the Belgian court sought annulment of the Benelux mark ENGLISH PINK and an order to refrain from using that sign throughout the territory of the Union, whereas the subject matter of the proceedings before EUIPO was opposition to the registration of the EU trade mark ENGLISH PINK.
62. In the light of the exclusive competence of EUIPO’s adjudicating bodies to authorise or refuse the registration of an EU trade mark, reiterated in paragraph 50 of the present judgment, the subject matter of any proceedings before EUIPO relating to registration of an EU trade mark or opposition to that registration necessarily is different to any proceedings before a national court, even where that court acts as an EU trade marks court."
IPPT20160721, CJEU, Apple and Pear Australia v EUIPO
C-226/15P - ECLI:EU:C:2016:582
