Judgment — ECLI:EU:T:2015:998
Date: 2015-12-17
Language of the case: German
Court formation: Single Judge
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

summary of the pleas in law on which the application is based — Pleas in law not set out in the application — General reference to other documents — Inadmissibility (Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the General Court (1991), Arts 44(1)(c), 130(1), and 132(1)) (see paras 19, 20) 2. Community trade mark — Procedural provisions — Statement of reasons for decisions — Article 75, first sentence, of Regulation No 207/2009 — Scope identical to that of Article 296 TEU (Art. 296 TFEU; Council Regulation No 207/2009, Art. 75, first sentence) (see para. 26) 3. Community trade mark — Surrender, revocation and invalidity — Examination of the application — Proof of use of the earlier mark — Genuine use — Concept — Interpretation having regard to the rationale of Article 57(2) and (3) of Regulation No 207/2009 (Council Regulation No 207/2009, Art. 57(2) and (3); Commission Regulation No 2868/95, Art. 1, Rules 22(3), and 40(6)) (see paras 34, 35) 4. Community trade mark — Surrender, revocation and invalidity — Examination of the application — Proof of use of the earlier mark — Genuine use — Concept — Criteria for assessment (Council Regulation No 207/2009, Art. 57(2) and (3)) (see paras 36-40, 66, 67, 77, 82) 5. Community trade mark — Surrender, revocation and invalidity — Examination of the application — Proof of use of the earlier mark — Probative value of the evidence — Criteria for assessment (Council Regulation No 207/2009, Arts 57(2), (3), and 78(1)(f)) (see paras 55, 59) Re: ACTION brought against the decision of the First Board of Appeal of OHIM of 23 May 2014 (Case R 1249/2013-1), relating to invalidity proceedings between Bice International Ltd and Bice AG. Operative part The Court: 1. Dismisses the action; 2. Orders Bice International Ltd to bear the costs.