Judgment — ECLI:EU:T:2016:357
Date: 2016-06-16
Language of the case: English
Court formation: Seventh Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Spain

Judgment of the General Court (Seventh Chamber) of 16 June 2016 — Fútbol Club Barcelona v EUIPO — Kule (KULE) (Case T‑614/14) European Union trade mark — Opposition proceedings — Application for European Union word mark KULE — Earlier national word marks and well-known mark CULE — Relative grounds for refusal — No genuine use of the earlier trade marks — Article 42(2) of Regulation (EC) No 207/2009 — Article 8(1)(b) of Regulation No 207/2009 — Article 8(5) of Regulation No 207/2009 1. EU trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — No power to issue directions (Council Regulation No 207/2009, Art. 65(6)) (see para. 16) 2. EU trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Re-evaluation of the facts in the light of evidence produced for the first time before it — Not included (Rules of Procedure of the General Court (1991), Art. 135(4); Council Regulation No 207/2009, Art. 65) (see para. 19) 3. EU trade mark — Appeals procedure — Appeal against a decision of the Opposition Division of EUIPO — Examination by the Board of Appeal — Scope — Facts and evidence not produced in support of the opposition within the period prescribed for that purpose — Account taken — Discretion of the Board of Appeal — Board of Appeal’s duty to state reasons (Council Regulation No 207/2009, Art. 76(2)) (see paras 25, 26) 4. EU trade mark — Observations of third parties and opposition — Examination of the opposition — Proof of use of the earlier mark — Genuine use — Concept — Criteria for assessment (Council Regulation No 207/2009, Art. 42(2) and (3)) (see paras 36-39, 49) Re: ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 18 June 2014 (Case R 2375/2013-4), relating to opposition proceedings between Fútbol Club Barcelona and Kule. Operative part The Court: 1. Dismisses the action; 2. Orders Fútbol Club Barcelona to pay the costs.