Judgment — ECLI:EU:T:2017:77
Date: 2017-02-15
Language of the case: English
Court formation: Fifth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded;Action for annulment - successful

Judgment of the General Court of 15 February 2017 — M. I. Industries v EUIPO — Natural Instinct (Natural Instinct Dog and Cat food as nature intended) (Case T-30/16) 1 (EU trade mark — Opposition proceedings — Application for EU figurative mark Natural Instinct Dog and Cat food as nature intended — Earlier EU word marks INSTINCT and NATURE’S VARIETY — Genuine use of the earlier mark — Nature of the use — Article 42(2) of Regulation No 207/2009 — Rule 22(3) and (4) of Regulation (EC) No 2868/95) Language of the case: English Parties Applicant: M. I. Industries, Inc. (Lincoln, Nebraska, United States) (represented by: initially by T. Elias, Barrister, and B. Cookson, Solicitor, and subsequently by M. Montañá Mora, lawyer) Defendant: European Union Intellectual Property Office (represented by: E. Zaera Cuadrado, acting as Agent) Other party to the proceedings before the Board of Appeal of EUIPO, intervening before the General Court: Natural Instinct Ltd (Camberley, United Kingdom) (represented by: C. Spintig, S. Pietzcker, lawyers, and B. Brandreth, Barrister) Re: Action brought against the decision of the Fifth Board of Appeal of EUIPO of 26 November 2015 (Case R 2944/2014-5), relating to opposition proceedings between M. I. Industries and Natural Instinct. Operative part of the judgment The Court: 1. Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 26 November 2015 (Case R 2944/2014-5) in so far as it concludes that there is no genuine use of the earlier word mark INSTINCT; 2. Dismisses the action as to the remainder; 3. Orders EUIPO to bear, in addition to its own costs, half of the costs incurred by M. I. Industries Inc.; 4. Orders M. I. Industries to bear half of its own costs; 5. Orders Natural Instinct Ltd to bear its own costs. ____________ 1 OJ C 106, 21.3.2016.