Information;Judgment — ECLI:EU:T:2023:36
Date: 2023-02-01
Language of the case: English
Court formation: Eighth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Malta

Judgment of the General Court (Eighth Chamber) of 1 February 2023 – Brobet v EUIPO – Efbet Partners (efbet) (Case T‑772/21) (1) (EU trade mark – Revocation proceedings – EU figurative mark efbet – Genuine use of a mark – Article 58(1)(a) of Regulation (EU) 2017/1001 – Proof of genuine use – Article 95 of Regulation 2017/1001 – Article 27(4) of Delegated Regulation (EU) 2018/625) 1. EU trade mark – Surrender, revocation and invalidity – Grounds for revocation – Lack of genuine use of the mark – Proof of use – Genuine use – Examination by EUIPO of its own motion – None (European Parliament and Council Regulation 2017/1001, Arts 18(1), 47(2), 58(1) and 64(2); Commission Regulation 2018/625, Art. 19(1)) (see paragraphs 17-20) 2. EU trade mark – Appeals procedure – Action brought against a decision by the Cancellation Division of EUIPO – Examination by the Board of Appeal – Scope – Evidence submitted for the first time before the Board of Appeal – Account taken – Discretion of the Board of Appeal – Limits (European Parliament and Council Regulation 2017/1001, Art. 95(2); Commission Regulation 2018/625, Art. 27(4)) (see paragraphs 38-40, 43) 3. EU trade mark – Surrender, revocation and invalidity – Grounds for revocation – Lack of genuine use of the mark – Proof of use – Partial use – Effect – Concept of part of the goods or services covered by the registration (European Parliament and Council Regulation 2017/1001, Arts 18(1) and 58(1)) (see paragraphs 59-61) 4. EU trade mark – Surrender, revocation and invalidity – Grounds for revocation – Lack of genuine use of the mark – Figurative mark efbet (European Parliament and Council Regulation 2017/1001, Arts 18(1) and 58(1)) (see paragraphs 64-74) Operative part The Court: 1. Dismisses the action; 2. Orders Brobet ltd. to pay the costs. 1 OJ C 73, 14.2.2022.