EU General Court Upholds the lightoptics Trademark: Bad Faith and Earlier Copyright Not Proven

By Imaduddin

Photo: PawinG / Pixabay

A business that believes a competitor has registered its logo has to prove two different things depending on the ground it chooses, and it has to prove them at the office stage. The EU General Court made both points in Salumanus v EUIPO (Case T-631/25), judgment of 7 October 2026.

According to the reports of the judgment, Hong Kong-based Heyoptics Co. Ltd registered the figurative EU trademark lightoptics, applied for on 1 November 2021, for goods and services in Classes 9 and 35, including fibre-optic cables, connectors, telecommunications equipment and advertising services. Polish optical equipment company Salumanus sp. z o.o. applied to the EUIPO on 8 September 2023 to have the mark declared invalid. It relied on an earlier copyright in the sign under Article 60(2)(c) of the EU Trade Mark Regulation (2017/1001) and on bad faith under Article 59(1)(b). The EUIPO rejected the application and the General Court has now dismissed Salumanus's action.

On copyright, a party relying on Article 60(2)(c) must show that it acquired the right, that the right still exists and how far it reaches, and must identify the national law relied on. Salumanus filed correspondence, versions of the sign, a contract with a graphic designer, product photos, invoices and website material. According to Trademark Lawyer Magazine's report, the court found that this did not show clearly that Salumanus created the sign before 1 November 2021. The designer contract did not mention the sign, product photos did not show who designed it, and notarised website extracts were dated January 2025. Emails from 2018 and 2021, filed for the first time before the court, were declared inadmissible.

On bad faith, according to the same reports, the burden was on Salumanus, and the applicant's good faith is presumed. The evidence did not show that Heyoptics knew or should have known of Salumanus's earlier use, or that it intended to block Salumanus from the market. Salumanus's claim that its sign was well known in the sector was not supported by evidence.

The lesson applies in Indonesia too, where bad faith is also a ground for refusal and cancellation under Law No. 20 of 2016. Keep dated design files, designer contracts that name the work, and records of first use, and put all of them before the office in the first round.

Sources

• Trademark Lawyer Magazine, "EU General Court rejects bad-faith and copyright challenge to lightoptics trademark" (9 October 2026)
• IE-Forum, "Gerecht EU: geen nietigheid van merk lightoptics wegens onvoldoende bewijs van ouder auteursrecht en kwade trouw", in Dutch
• Court of Justice of the European Union, case information for T-631/25 (CURIA)
• Law No. 20 of 2016 on Marks and Geographical Indications, English translation (ARISE+ / EU)