Information;Judgment — ECLI:EU:T:2022:804
Date: 2022-12-14
Language of the case: English
Court formation: Third Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Netherlands

Summary of the pleas in law on which the application is based – Pleas in law not set out in the application – Reference to elements in an annex – Inadmissibility (Statute of the Court of Justice, Arts 21, first para., and 53, first para.; Rules of Procedure of the General Court, Art. 76(d)) (see paragraph 19) 2. EU trade mark – Appeals procedure – Action before the EU judicature – Jurisdiction of the General Court – Review of the lawfulness of decisions of the Boards of Appeal – Annulment or variation for reasons appearing after judgment was delivered – Precluded (European Parliament and Council Regulation 2017/1001, Arts 72(2) and 95) (see paragraph 23) 3. EU trade mark – Appeals procedure – Action before the EU judicature – Jurisdiction of the General Court – Review of the lawfulness of decisions of the Boards of Appeal – Re-examination of the facts in the light of evidence not previously submitted before EUIPO bodies – Precluded (Rules of Procedure of the General Court, Art. 188; European Parliament and Council Regulation 2017/1001, Arts 72 and 95) (see paragraph 24) 4. EU trade mark – Surrender, revocation and invalidity – Examination of the application – Proof of use of the earlier mark – Genuine use – Concept – Criteria for assessment – Requirement of solid and objective evidence (Council Regulation No 207/2009, Arts 15(2) and 57(2)) (see paragraphs 30-32, 83-88, 99) 5. EU trade mark – Surrender, revocation and invalidity – Examination of the application – Proof of use of the earlier mark – Use by a third party with the consent of the trade mark proprietor (Council Regulation No 207/2009, Art. 15(2)) (see paragraphs 40, 48) 6. EU trade mark – Surrender, revocation and invalidity – Examination of the application – Proof of use of the earlier 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 15(1)(a) of Regulation No 207/2009 (Council Regulation No 207/2009, Art. 15(1), second subpara., point (a)) (see paragraphs 59-64) 7. EU trade mark – Decisions of the Office – Legality – Examination by the EU judicature – Criteria (European Parliament and Council Regulation 2017/1001) (see paragraph 76) Operative part The Court: 1. Dismisses the action; 2. Orders Eurol BV to pay the costs. 1 OJ C 471, 22.11.2021.