Judgment — ECLI:EU:T:2019:243
Date: 2019-04-11
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

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, Arts 21, first para. and 53, first para.; Rules of Procedure of the General Court, Art. 177(1)(d)) (see para. 17) 2. EU trade mark — Surrender, revocation and invalidity — Causes of revocation — Absence of genuine use of a trade mark — Proof of use of the earlier mark — Genuine use — Concept — Criteria for assessment (European Parliament and Council Regulation 2017/1001, Arts 18(1) and 58(1)(a)) (see paras 23-28) 3. EU trade mark — Surrender, revocation and invalidity — Causes of revocation — Absence of genuine use of a trade mark — Figurative mark representing a butterfly (European Parliament and Council Regulation 2017/1001, Arts 18(1) and 58(1)(a)) (see paras 38, 39, 44, 63-65) 4. EU trade mark — Surrender, revocation and invalidity — Examination of the application — Proof of use of the earlier mark — Partial use — Effect — Concept of ‘part of the goods or services’ covered by the registration (European Parliament and Council Regulation 2017/1001, Arts 18(1), 58(1)(a) and (2)) (see paras 47-50) Re: Action brought against the decision of the Second Board of Appeal of EUIPO of 16 March 2018 (Case R 2241/2016-2) relating to revocation proceedings between Fujifilm Imaging Germany and Fomanu. Operative part The Court: 1. Dismisses the action; 2. Orders Fomanu AG to pay the costs.