Judgment;Information — ECLI:EU:T:2024:379
Date: 2024-06-12
Language of the case: English
Court formation: Seventh Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Czechia

Judgment of the General Court (Seventh Chamber) of 12 June 2024 – Kirov v EUIPO – Pasticceria Cristiani (CRISTIANI) (Case T‑149/23) (1) ( EU trade mark – Revocation proceedings – EU figurative mark CRISTIANI – Genuine use of the mark – Article 58(1)(a) of Regulation (EU) 2017/1001 – Expiry of the five-year period – Obligation to state reasons ) 1. EU trade mark – Surrender, revocation and invalidity – Grounds for revocation – Lack of genuine use of the mark – Proof of use – Genuine use – Concept – Criteria for assessment – Requirement of solid and objective evidence (European Parliament and Council Regulation 2017/1001, Arts 18(1) and 58(1)(a)) (see paragraphs 17-21, 25, 27) 2. EU trade mark – Surrender, revocation and invalidity – Grounds for revocation – Lack of genuine use of the mark – Proof of use – Genuine use – Concept – Criteria for assessment – Territorial extent of the use (European Parliament and Council Regulation 2017/1001, Arts 18(1) and 58(1)(a)) (see paragraphs 22-24) 3. EU trade mark – Surrender, revocation and invalidity – Grounds for revocation – Lack of genuine use of the mark – Proof of use – Genuine use – Examination by EUIPO of its own motion – None (European Parliament and Council Regulation 2017/1001, Arts 18(1) and 58(1)(a)) (see paragraph 26) 4. EU trade mark – Effects of the EU trade mark – Rights conferred by a trade mark – Right to prohibit the use of the mark – Use of an identical or similar sign covering identical or similar products or services – Extent of the exclusive right granted to the proprietor – Period of five years following registration (European Parliament and Council Regulation 2017/1001, Arts 9(2)(b), 18(1) and 58(1)(a) and (2)) (see paragraph 33) 5. EU trade mark – Surrender, revocation and invalidity – Grounds for revocation – Lack of genuine use of the mark – Concept of ‘proper reasons’ for non-use – Autonomous and uniform interpretation – Obstacles bearing a direct relation to the trade mark rendering its use unreasonable or impossible and independent of the volition of the trade mark proprietor (European Parliament and Council Regulation 2017/1001, Arts 18(1) and 58(1)) (see paragraph 34) 6. EU trade mark – Procedural provisions – Statement of reasons for decisions – First sentence of Article 94(1) of Regulation 2017/1001 – Scope identical to that of Article 296 TFEU (Art. 296 TFEU; Charter of Fundamental Rights of the European Union, Art. 41(2); European Parliament and Council Regulation 2017/1001, Art. 94(1), first sentence) (see paragraph 64) 7. EU trade mark – Surrender, revocation and invalidity – Grounds for revocation – Lack of genuine use of the mark – Figurative mark CRISTIANI (European Parliament and Council Regulation 2017/1001, Arts 15(1) and 58(1)(a)) (see paragraphs 35, 39, 40, 49-53, 60) Operative part The Court: 1. Dismisses the action; 2. Orders Mr Georgi Kirov to bear his own costs and to pay those incurred by Pasticceria Cristiani Sas di Sergio Cristiani & C.; 3. Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs. 1 OJ C 173, 15.5.2023.