Information;Judgment — ECLI:EU:T:2022:650
Date: 2022-10-19
Language of the case: English
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: France

Judgment of the General Court (Sixth Chamber) of 19 October 2022 – Castel Frères v EUIPO – Shanghai Panati (Representation of Chinese characters) (Case T‑323/21) (1) (EU trade mark – Revocation proceedings – EU figurative mark representing Chinese characters – Genuine use of the trade mark – Article 18(1) of Regulation (EU) 2017/1001 – Article 58(1)(a) of Regulation 2017/1001 – Alteration of the distinctive character) 1. EU trade mark – Surrender, revocation and invalidity – Grounds for revocation – Lack of genuine use of the mark – Proof of use – Genuine use – Concept – Criteria for assessment – Requirement of solid and objective evidence (European Parliament and Council Regulation 2017/1001, Arts 18(1) and 58(1)(a)) (see paragraph 13) 2. 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 (European Parliament and Council Regulation 2017/1001, Arts 18(1)(a) and 58(1)(a)) (see paragraph 14) 3. 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 18(1)(a) of Regulation 2017/1001 – Examination of alteration of distinctive character (European Parliament and Council Regulation 2017/1001, Arts 18(1)(a) and 58(1)(a)) (see paragraphs 15, 16, 19-23) 4. EU trade mark – Surrender, revocation and invalidity – Examination of the application – Proof of use of the earlier mark – Genuine use – Definition – Mark used only as an element of a composite mark or in conjunction with another mark (European Parliament and Council Regulation 2017/1001, Arts 18(1)(a) and 58(1)(a)) (see paragraph 17) 5. 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 – Figurative mark representing Chinese characters (European Parliament and Council Regulation 2017/1001, Arts 18(1)(a) and 58(1)(a)) (see paragraphs 45-48, 52, 55, 56) 6. EU trade mark – Decisions of EUIPO – Legality – Examination by the EU judicature – Criteria (European Parliament and Council Regulation 2017/1001) (see paragraph 59) Operative part The Court: 1. Dismisses the action; 2. Orders Castel Frères to pay the costs. 1 OJ C 310, 2.8.2021.