Judgment — ECLI:EU:T:2017:887
Date: 2017-12-12
Language of the case: English
Court formation: Third Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (Third Chamber) of 12 December 2017 — Hochmann Marketing v EUIPO — BitTorrent (bittorrent) (Case T‑771/15) (EU trade mark — Revocation proceedings — EU word mark bittorrent — Article 76(1) and (2) of Regulation (EC) No 207/2009 (now Article 95(1) and (2) of Regulation (EU) 2017/1001) — No account taken of evidence submitted before the Cancellation Division — Article 51(1)(a) of Regulation No 207/2009 (now Article 58(1)(a) of Regulation 2017/1001) 1. EU trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Review of the lawfulness of decisions of the Boards of Appeal — Re-examination of the facts in the light of evidence not previously submitted before EUIPO bodies — Not included (Council Regulation No 207/2009, Art. 65) (see para. 19) 2. EU trade mark — Surrender, revocation and invalidity — Examination of the application — Proof of use of the earlier mark — Genuine use –Examination by EUIPO of its own motion — None (Council Regulation No 207/2009, Arts 15, 42(2), 51(1), 57(2) and 76(1); Commission Regulation No 2868/95, Art. 1, Rule 40(5)) (see paras 28-31, 55-57) 3. EU trade mark — Procedural provisions — Revocation proceedings — Facts and evidence not submitted within the prescribed time-limit — Account taken — Discretion of the Board of Appeal (Council Regulation No 207/2009, Arts 51(1)(a), 57 and 76(2); Commission Regulation No 2868/95, Art. 1, Rule 40(5)) (see paras 35-40, 46, 62) Re: ACTION brought against the decision of the Fifth Board of Appeal of EUIPO of 31 August 2015 (Case R 2275/2013–5) concerning revocation proceedings between BitTorrent and Bittorrent Marketing, Operative part The Court: 1. Dismisses the action; 2. Orders Hochmann Marketing GmbH, formerly Bittorrent Marketing GmbH, to pay the costs.