Information;Judgment — ECLI:EU:T:2021:432
Date: 2021-07-14
Language of the case: English
Court formation: Third Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Italy;Luxembourg

Judgment of the General Court (Third Chamber) of 14 July 2021 – Fashioneast and AM.VI. v EUIPO – Moschillo (RICH JOHN RICHMOND) (Case T‑297/20) (EU trade mark – Revocation proceedings – EU figurative mark RICH JOHN RICHMOND – Absence of genuine use of a trade mark – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001) – Use in a form differing in elements which alter the distinctive character of the mark – Point (a) of the second subparagraph of Article 15(1) of Regulation No 207/2009 (now point (a) of the second subparagraph of Article 18(1) of Regulation 2017/1001)) 1. EU trade mark – Surrender, revocation and invalidity – Examination of the application – Proof of use of the earlier mark – Genuine use – Criteria for assessment (Commission Regulation No 2868/95, Art. 1, Rules 22(3) and 40(5)) (see para. 18) 2. EU trade mark – Surrender, revocation and invalidity – Causes of revocation – Absence of genuine use of a trade mark – Use of the mark in a form differing by elements not altering the distinctive character of the mark – Subject matter and scope of Article 15(1), second subpara. (a) of Regulation No 207/2009 (Council Regulation No 207/2009, Arts 15(1), second subpara. (a) and 51(1)(a)) (see paras 22-24) 3. EU trade mark – Surrender, revocation and invalidity – Causes of revocation – Absence of genuine use of a trade mark – Proof of use – Genuine use – Meaning – Criteria for assessment (Council Regulation No 207/2009, Arts 15(1) and 51(1)(a)) (see para. 32) 4. EU trade mark – Surrender, revocation and invalidity – Causes of revocation – Absence of genuine use of a trade mark – Use of the mark in a form differing by elements not altering the distinctive character of the mark – Figurative mark RICH JOHN RICHMOND (Council Regulation No 207/2009, Arts 15(1), second subpara. (a) and 51(1)(a)) (see paras 38, 41, 45, 47, 51, 52, 57, 64, 66) 5. 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 – Simultaneous use of several signs (Council Regulation No 207/2009, Arts 15(1) and 51(1)(a)) (see para. 39) Re: Action brought against the decision of the Second Board of Appeal of EUIPO of 16 March 2020 (Case R 1381/2019-2) relating to revocation proceedings between Moschillo, on the one hand, and Fashioneast and AM.VI., on the other. Operative part The Court: 1. Dismisses the action; 2. Orders Fashioneast Sàrl and AM.VI. Srl to pay the costs.