A counterclaim targeting the validity of an EUTM is not impacted by the withdrawal of the infringement action

In its judgment in Case C-256/21, the Court of Justice of the EU (CJEU) recognized the autonomous nature of counterclaims for invalidity of European Union Trademarks (EUTMs).

‍The case, revolved around a main action, brought before the German courts, over alleged infringement of an EUTM. The defendants in the case, filed a counterclaim seeking the invalidation of the EUTM, the plaintiff withdrew the action, but the defendants maintained the invalidity counterclaim.