Information;Judgment — ECLI:EU:T:2022:310
Date: 2022-06-01
Language of the case: English
Court formation: Third Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Judgment of the General Court (Third Chamber) of 1 June 2022 – Worldwide Machinery v EUIPO – Scaip (SUPERIOR MANUFACTURING) (Case T‑316/21) (1) (EU trade mark – Revocation proceedings – EU figurative mark SUPERIOR MANUFACTURING – Genuine use of the mark – Article 58(1)(a) of Regulation (EU) 2017/1001) 1. EU trade mark – Surrender, revocation and invalidity – Grounds for revocation – Lack of genuine use of the mark – Proof of use – Genuine use – Meaning – Criteria for assessment – Requirement of solid and objective evidence (European Parliament and Council Regulation 2017/1001, Arts 18(1), and 58(1)(a)) (see paragraphs 15-17, 19, 25, 35, 46, 60) 2. EU trade mark – Surrender, revocation and invalidity – Grounds for revocation – Lack of genuine use of the mark – Proof of use – Genuine use – Meaning – Criteria for assessment – Territorial extent of the use (European Parliament and Council Regulation 2017/1001, Arts 18(1), and 58(1)(a)) (see paragraphs 18, 70-77) 3. EU trade mark – Surrender, revocation and invalidity – Grounds for revocation – Lack of genuine use of the mark – Proof of use – Genuine use – Use during a five year period – Consideration of evidence concerning use outside of that period – Conditions (European Parliament and Council Regulation 2017/1001, Arts 18(1), and 58(1)(a)) (see paragraph 34) 4. EU trade mark – Surrender, revocation and invalidity – Grounds for revocation – Lack of genuine use of the mark – Figurative mark SUPERIOR MANUFACTURING (European Parliament and Council Regulation 2017/1001, Arts 18(1), and 58(1)(a)) (see paragraphs 39, 44, 52, 65, 66, 78) 5. EU trade mark – Surrender, revocation and invalidity – Grounds for revocation – Lack of genuine use of the mark – Proof of use – Genuine use – Meaning – Determination of a minimal quantitative use threshold – Precluded (European Parliament and Council Regulation 2017/1001, Arts 18(1), and 58(1)(a)) (see paragraphs 55, 56, 61) Operative part The Court: 1. Dismisses the action; 2. Orders Worldwide Machinery Ltd to pay the costs. 1 OJ C 289, 19.7.2021.