Order — ECLI:EU:C:2018:105
Date: 2018-02-22
Language of the case: English
Court formation: Eighth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible
Origin: France

Order of the Court (Eighth Chamber) of 22 February 2018 — Martín Osete v EUIPO (Case C‑529/17 P) (Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Revocation proceedings — Word mark AN IDEAL WIFE — Declaration of revocation) 1. EU trade mark — Surrender, revocation and invalidity — Causes of revocation — Absence of genuine use of a trade mark — Proof of use of the earlier mark — Genuine use — Concept — Criteria for assessment (Council Regulation No 207/2009, Arts 15(1), second para., (a) and 51(1)(a)) (see para. 6) 2. Appeal — Grounds — Incorrect assessment of the facts and evidence — Inadmissibility — Review by the Court of the assessment of the facts and evidence — Possible only where the clear sense of the evidence has been distorted — Ground of appeal alleging distortion of the clear sense of the evidence — Need to indicate precisely the evidence alleged to have been distorted and show the errors of appraisal which led to that distortion — Requirement for the distortion to be obvious from the documents in the Court’s file (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para,; Rules of Procedure of the Court of Justice, Art. 168(1)(d)) (see para. 6) 3. EU trade mark — Surrender, revocation and invalidity — Causes of revocation — Absence of genuine use of a trade mark — Concept of ‘proper reasons’ for non-use — Independent and uniform interpretation — Obstacles bearing a direct relation to the trade mark rendering its use unreasonable or impossible and independent of the volition of the trade mark proprietor (Council Regulation No 207/2009, Arts 15(1) and 51(1)(a)) (see para. 6) Operative part The Court: 1. The appeal is dismissed in its entirety as being, in part, manifestly inadmissible and, in part, manifestly unfounded. 2. Ms Isabel Martín Osete shall bear her own costs.