Judgment — ECLI:EU:T:2017:162
Date: 2017-03-14
Language of the case: English
Court formation: Third Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: France

summary of the pleas in law on which the application is based (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 15-17) 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 — Precluded (Rules of Procedure of the General Court, Art. 188; Council Regulation No 207/2009, Art. 65) (see paras 31, 40) 3. EU trade mark — Surrender, revocation and invalidity — Examination of the application — Proof of use of the earlier mark — Genuine use — Concept — Criteria for assessment — Requirement of solid and objective evidence (Council Regulation No 207/2009, Arts 15(1) and 51(1)(a)) (see paras 75-78) Re: ACTION brought against the decision of the Fifth Board of Appeal of EUIPO of 13 February 2015 (Case R 217/2014-5), relating to revocation proceedings between Pirelli Tyre and Mr IR. Operative part The Court: 1. Dismisses the action; 2. Orders Mr IR to pay the costs.