Judgment — ECLI:EU:T:2017:50
Date: 2017-02-02
Language of the case: English
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Spain

Judgment of the General Court (Ninth Chamber) of 2 February 2017 — Marcas Costa Brava v EUIPO — Excellent Brands JMI (Cremcaffé by Julius Meinl) (Case T‑689/15) (EU trade mark — Opposition proceedings — Application for EU figurative mark Cremcaffé by Julius Meinl — Earlier EU figurative mark café crem — Relative ground for refusal — No genuine use of the earlier mark — Article 42(2) of Regulation (EC) No 207/2009) 1. EU trade mark — Observations of third parties and opposition — Examination of the opposition — Proof of use of the earlier mark — Genuine use — Concept — Interpretation taking account of the rationale of Article 42(2) and (3) of Regulation No 207/2009 (Council Regulation No 207/2009, Art. 42(2) and (3); Commission Regulation No 2868/95, Art. 1, Rule 22(3)) (see para. 20) 2. 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 — Requirement of solid and objective evidence (Council Regulation No 207/2009, Arts 15(1), and 42(2); Commission Regulation No 2868/95, Art. 1, Rule 22(3)) (see paras 21-25, 28-30) 3. 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 — Territorial extent of the use (Council Regulation No 207/2009, Arts 15(1), and 42(2)) (see paras 26, 27) 4. EU trade mark — Observations of third parties and opposition — Examination of the opposition — Proof of use of the earlier mark — Probative value of the evidence — Criteria for assessment (Council Regulation No 207/2009, Art. 42(2) and (3)) (see para. 51) Re: ACTION brought against the decision of the Fifth Board of Appeal of EUIPO of 28 September 2015 (Case R 2491/2014-5), relating to opposition proceedings between Marcas Costa Brava and Excellent Brands JM. Operative part The Court: 1. Dismisses the action; 2. Orders Marcas Costa Brava, SL, to pay the costs.