Information;Judgment — ECLI:EU:T:2021:526
Date: 2021-09-01
Language of the case: Spanish
Court formation: Fifth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Spain

Judgment of the General Court (Fifth Chamber) of 1 September 2021 – Bimbo Donuts Iberia v EUIPO – Hijos de Antonio Juan (DONAS DULCESOL) (Case T‑697/20) (EU trade mark – Opposition proceedings – Application for EU word mark DONAS DULCESOL – Earlier national word mark DONAS – Relative ground for refusal – Article 8(1)(b) of Regulation (EU) 2017/1001 – Lack of proof of genuine use of earlier mark – Classification of the goods in respect of which genuine use has been shown – Article 47(2) and (3) of Regulation 2017/1001) 1. EU trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the earlier mark – Need to determine that question, once raised by the applicant before the decision on the opposition (European Parliament and Council Regulation 2017/1001, Art. 47(2)) (see paras 18, 19, 58) 2. EU trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the earlier mark – Identification of the goods or services concerned by the trade mark – Requirements of clarity and precision – Determination, by the competent authorities and the economic operators, of the extent of the protection conferred by the trade mark – Limits (European Parliament and Council Regulation 2017/1001, Art. 47(2)) (see paras 28, 29, 35, 48) 3. EU trade mark – Lodging of application for EU trade mark – Identification of the goods or services concerned by the trade mark – Use of the general indications in the headings of the classes of the Nice classification – Scope (see para. 36) Re: Action brought against the decision of the Fifth Board of Appeal of EUIPO of 7 September 2020 (Case R 514/2020-5), relating to opposition proceedings between Bimbo Donuts Iberia and Hijos de Antonio Juan. Operative part The Court: 1. Dismisses the action; 2. Orders Bimbo Donuts Iberia, SA to pay the costs.