Information;Judgment — ECLI:EU:T:2022:520
Date: 2022-09-07
Language of the case: German
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Summary of the pleas in law on which the application is based – Pleas in law not set out in the application – General reference to other documents – Inadmissibility (Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the General Court, Art. 177(1)(d)) (see paragraphs 24-26) 3. EU trade mark – Surrender, revocation and invalidity – Grounds for revocation – Lack of genuine use of the mark – Use by a third party with the consent of the trade mark proprietor (Council Regulation No 207/2009, Arts 15(2), and 51(1)(a)) (see paragraph 28) 4. EU trade mark – Surrender, revocation and invalidity – Grounds for revocation – Lack of genuine use of the mark – Use of the mark in a form differing in elements which do not alter the distinctive character of the mark – Subject matter and scope of Article 15(1), second paragraph, (a), of Regulation No 207/2009 – Examination of alteration of distinctive character (Council Regulation No 207/2009, Arts 15(1), second subpara., (a), and 51(1)(a)) (see paragraphs 34-36, 43) 5. EU trade mark – Surrender, revocation and invalidity – Grounds for revocation – Lack of genuine use of the mark – Figurative mark ad pepper the e-advertising (Council Regulation No 207/2009, Arts 15(1), and 51(1)(a)) (see paragraphs 59, 60, 84, 91, 103, 126) 6. EU trade mark – Surrender, revocation and invalidity – Grounds for revocation – Lack of genuine use of the mark – Proof of use – Genuine use – Meaning – Criteria for assessment – Company name, commercial name or trade name (Council Regulation No 207/2009, Arts 15(1), and 51(1)(a)) (see paragraphs 88, 89) 7. EU trade mark – Surrender, revocation and invalidity – Grounds for revocation – Lack of genuine use of the mark – Proof of use – Simultaneous use of several signs (Council Regulation No 207/2009, Arts 15(1), and 51(1)(a)) (see paragraph 90) 8. EU trade mark – Procedural provisions – Probative value of the evidence – Solemn declarations (European Parliament and Council Regulation 2017/1001, Art. 97(1)(f)) (see paragraphs 99, 100) Operative part The Court: 1. Dismisses the action; 2. Orders 6Minutes Media GmbH to pay the costs. 1 OJ C 422, 18.10.2021.