Information;Judgment — ECLI:EU:T:2023:157
Date: 2023-03-22
Language of the case: German
Court formation: Seventh Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (Seventh Chamber) of 22 March 2023 – adp Merkur v EUIPO – psmtec (SEVEN SEVEN 7) (Case T‑408/22) (1) (EU trade mark – Opposition proceedings – Application for EU figurative mark SEVEN SEVEN 7 – Earlier EU word mark Seven – Relative grounds for refusal – Article 8(1)(a) and (b) of Regulation (EU) 2017/1001 – No genuine use – Article 47(2) of Regulation 2017/1001) 1. EU trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the earlier mark – Genuine use – Concept – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Art. 47(2)) (see paragraphs 15, 17-19) 2. EU trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the earlier mark – Burden of proof incumbent on the proprietor (European Parliament and Council Regulation 2017/1001, Art. 47(2)) (see paragraph 16) 3. EU trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the earlier mark – Genuine use – Concept – Criteria for assessment – Requirement of solid and objective evidence (European Parliament and Council Regulation 2017/1001, Art. 47(2)) (see paragraph 20) 4. EU trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the earlier mark – Word mark Seven (European Parliament and Council Regulation 2017/1001, Art. 47(2)) (see paragraphs 33, 35-40) Operative part The Court: 1. Dismisses the action; 2. Orders each party to bear its own costs. 1 OJ C 318, 22.8.2022.