Judgment — ECLI:EU:T:2017:746
Date: 2017-10-23
Language of the case: English
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - successful
Origin: Spain

summary of the pleas in law on which the application is based – General reference to documents annexed to the application – Inadmissibility (Rules of Procedure of the General Court, Art. 76(d)); Council Regulation No 207/2009, Art. 65(2)) (see paras 15, 16) 2. EU trade mark – Surrender, revocation and invalidity – Causes of revocation – Absence of genuine use of a trade mark – Use of the mark in a form differing by elements not altering the distinctive character of the mark – Subject-matter and scope of Article 15(1), second subpara., (a), of Regulation No 207/2009 – Examination of alteration of distinctive character (Council Regulation No 207/2009, Art. 15(1), second para.,(a), and 51(1)(a)) (see paras 26, 27) 3. EU trade mark – Surrender, revocation and invalidity – Causes of revocation – Absence of genuine use of a trade mark – Use of the mark in a form differing by elements not altering the distinctive character of the mark – Three-dimensional mark constituted by the shape of a packet of biscuits (Council Regulation No 207/2009, Art. 15(1)(a), and 51(1)(a)) (see paras 29-34) 4. 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 – Meaning – Criteria for assessment (Council Regulation No 207/2009, Art. 51(1)(a)) (see paras 38-44, 51, 60, 62, 63) Re: ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 19 May 2016 (Case R 1614/2015-4), relating to revocation proceedings between O2 Holdings Ltd and Galletas Gullón. Operative part The Court: 1. Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 19 May 2016 (Case R 1614/2015-4), relating to revocation proceedings between O2 Holdings Ltd and Galletas Gullón; 2. Orders EUIPO and O2 Holdings Ltd to pay the costs.