Judgment — ECLI:EU:T:2017:646
Date: 2017-09-22
Language of the case: Italian
Court formation: Seventh Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Italy

summary of the pleas in law on which the application is based — Similar requirements for submissions made in support of a plea (Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the General Court, Art. 177(1)(d)) (see paras 30, 50) 4. EU trade mark — Surrender, revocation and invalidity — Examination of the application — Proof of use of the earlier mark — Genuine use — Concept — Interpretation taking account of the rationale of Article 57(2) and (3) of Regulation No 207/2009 (Council Regulation No 207/2009, tenth recital and Art. 57(2) and (3)) (see para. 37) 5. EU trade mark — Surrender, revocation and invalidity — Relative grounds for invalidity — Existence of an identical or similar earlier mark registered for identical or similar goods or services — Figurative marks Arrigoni Valtaleggio and ARRIGONI (Council Regulation No 207/2009, Arts 8(1)(b), and 57(2) and (3)) (see paras 42, 54) 6. EU trade mark — Definition and acquisition of the EU trade mark — Assessment of the registrability of a sign — EU rules only taken into account — Earlier registration of the mark in certain Member States or third countries — Decisions not binding EU bodies (Council Regulation No 207/2009) (see para. 53) Re: ACTION brought against the decision of the First Board of Appeal of EUIPO of 19 May 2016 (Case R 2922/2014‑1), relating to proceedings for a declaration of invalidity between Arrigoni and Arrigoni Formaggi SpA. Operative part The Court: 1. Dismisses the action; 2. Orders Arrigoni SpA to pay the costs.