Source: EURLEX
Language: en
Format: md

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| 27.3.2017 | EN | Official Journal of the European Union | C 95/11 |

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Judgment of the General Court of 15 February 2017 — M. I. Industries v EUIPO — Natural Instinct (Natural Instinct Dog and Cat food as nature intended)

(Case T-30/16)[(1)](#ntr1-C_2017095EN.01001101-E0001)

((EU trade mark - Opposition proceedings - Application for EU figurative mark Natural Instinct Dog and Cat food as nature intended - Earlier EU word marks INSTINCT and NATURE’S VARIETY - Genuine use of the earlier mark - Nature of the use - Article 42(2) of Regulation No 207/2009 - Rule 22(3) and (4) of Regulation (EC) No 2868/95))

(2017/C 095/19)

Language of the case: English

Parties

Applicant: M. I. Industries, Inc. (Lincoln, Nebraska, United States) (represented by: initially by T. Elias, Barrister, and B. Cookson, Solicitor, and subsequently by M. Montañá Mora, lawyer)

Defendant: European Union Intellectual Property Office (represented by: E. Zaera Cuadrado, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervening before the General Court: Natural Instinct Ltd (Camberley, United Kingdom) (represented by: C. Spintig, S. Pietzcker, lawyers, and B. Brandreth, Barrister)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 26 November 2015 (Case R 2944/2014-5), relating to opposition proceedings between M. I. Industries and Natural Instinct.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 26 November 2015 (Case R 2944/2014-5) in so far as it concludes that there is no genuine use of the earlier word mark INSTINCT; |

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| 2. | Dismisses the action as to the remainder; |

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| 3. | Orders EUIPO to bear, in addition to its own costs, half of the costs incurred by M. I. Industries Inc.; |

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| 4. | Orders M. I. Industries to bear half of its own costs; |

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| 5. | Orders Natural Instinct Ltd to bear its own costs. |

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