Judgment;Information — ECLI:EU:T:2021:144
Date: 2021-03-17
Language of the case: Spanish
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Spain

Summary of the pleas in law on which the application is based – Analogous requirements with regard to grounds in support of a plea – General reference to documents annexed to the application – Inadmissibility (Statute of the Court of Justice, Arts 21, first para. and 53, first para.; Rules of Procedure of the General Court, Art. 177(1)(d)) (see para. 15) 2. EU trade mark – Surrender, revocation and invalidity – Causes of revocation – Absence of genuine use of a trade mark – Proof of use – Genuine use – Definition – Criteria for assessment – Requirement of solid and objective evidence – Classification of the services – Principal service and ancillary service – Definition (European Parliament and Council Regulation 2017/1001, Arts 18(1) and 58(1)(a)) (see paras 26-32, 36) 3. EU trade mark – Lodging of application for EU trade mark – Identification of the goods or services concerned by the trade mark – Use of the general indications in the headings of the classes of the Nice classification – Scope (Commission Regulation No 2868/95, Art. 1, Rule 2(4)) (see paras 37, 66-67) 4. EU trade mark – Surrender, revocation and invalidity – Causes of revocation – Absence of genuine use of a trade mark – Figurative mark URSUS Kapital (European Parliament and Council Regulation 2017/1001, Arts 18(1) and 58(1)(a)) (see paras 42-62) Re: Action brought against the decision of the Fifth Board of Appeal of EUIPO of 10 December 2019 (Case R 711/2019-5), relating to revocation proceedings between Ursus-3 Capital, A.V. and Mr Alvargonzález Ramos. Operative part The Court: 1. Dismisses the action; 2. Orders Mr Pablo Erik Alvargonzález Ramos to pay the costs.