# C_2019348EN.01001801.xml

| 14.10.2019 | EN | Official Journal of the European Union | C 348/18 |
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14.10.2019

EN

Official Journal of the European Union

C 348/18

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Action brought on 23 August 2019 – Electrolux Home Products v EUIPO – D. Consult (FRIGIDAIRE)

(Case T-583/19)

(2019/C 348/19)

Language of the case: English

Parties

Applicant: Electrolux Home Products, Inc. (Charlotte, North Carolina, United States) (represented by: P. Brownlow, Solicitor)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: D. Consult (Wattignies, France)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant before the General Court

Trade mark at issue: European Union word mark FRIGIDAIRE - European Union trade mark registration No 71 241

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 17 June 2019 in Case R 166/2018-5

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision; |
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annul the contested decision;

| — | annul the decision of the Cancellation Division of 23 November 2017 in Cancellation No 11921 C to revoke the European Union trade mark in relation to clothes dryers, washing machines, dishwashers and ranges; |
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annul the decision of the Cancellation Division of 23 November 2017 in Cancellation No 11921 C to revoke the European Union trade mark in relation to clothes dryers, washing machines, dishwashers and ranges;

| — | maintain the European Union trade mark registered in respect of clothes dryers, washing machines, dishwashers and ranges; |
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maintain the European Union trade mark registered in respect of clothes dryers, washing machines, dishwashers and ranges;

| — | order the defendant to bear its own costs and pay those of the applicant. |
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order the defendant to bear its own costs and pay those of the applicant.

Pleas in law

| — | The Board wrongly applied the law in finding that the use of the European Union trade mark as evidenced by sales of clothes dryers, washing machines, dishwashers and ranges by the applicant to US military bases in Germany and Belgium did not amount to use of the European Union trade mark for the purposes of Article 58 of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |
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The Board wrongly applied the law in finding that the use of the European Union trade mark as evidenced by sales of clothes dryers, washing machines, dishwashers and ranges by the applicant to US military bases in Germany and Belgium did not amount to use of the European Union trade mark for the purposes of Article 58 of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

| — | The Board wrongly applied Article 58 of Regulation (EU) 2017/1001 of the European Parliament and of the Council by failing to take account of the applicant's evidence of use in the form of sales to Johann Fouquet GmbH when considering the totality of the applicant's use of the European Union trade mark in relation to the clothes dryers, washing machines, dishwashers and ranges; |
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The Board wrongly applied Article 58 of Regulation (EU) 2017/1001 of the European Parliament and of the Council by failing to take account of the applicant's evidence of use in the form of sales to Johann Fouquet GmbH when considering the totality of the applicant's use of the European Union trade mark in relation to the clothes dryers, washing machines, dishwashers and ranges;

| — | The Board wrongly applied Article 58 of Regulation (EU) 2017/1001 of the European Parliament and of the Council by failing to take account of the Applicant's evidence of use in the form of use on social media when considering the totality of the Applicant's use of the EUTM in relation to clothes dryers, washing machines, dishwashers and ranges. |
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The Board wrongly applied Article 58 of Regulation (EU) 2017/1001 of the European Parliament and of the Council by failing to take account of the Applicant's evidence of use in the form of use on social media when considering the totality of the Applicant's use of the EUTM in relation to clothes dryers, washing machines, dishwashers and ranges.

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