Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 18.4.2017 | EN | Official Journal of the European Union | C 121/42 |

---

Action brought on 21 February 2017 — FCA US v EUIPO — Busbridge (VIPER)

(Case T-109/17)

(2017/C 121/62)

Language in which the application was lodged: English

Parties

Applicant: FCA US LLC (City of Auburn Hills, Michigan, United States) (represented by: C. Morcom, QC)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Robert Dennis Busbridge (Hookwood, United Kingdom)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant

Trade mark at issue: EU word mark ‘VIPER’ — EU trade mark No 3 871 101

Procedure before EUIPO: Proceedings for a declaration of invalidity

Contested decision: Decision of the First Board of Appeal of EUIPO of 1 December 2016 in Case R 554/2016-1

Form of order sought

The applicant claims that the Court should:

|  |  |
| --- | --- |
| — | annul the decisions of the Cancellation Division and of the First Board of Appeal and that the application by Mr. Busbridge be remitted to the Cancellation Division for the appropriate action; |

|  |  |
| --- | --- |
| — | the Applicant also seeks an order for costs. |

Pleas in law

|  |  |
| --- | --- |
| — | The Board of appeal was wrong in concluding that Mr Busbridge had proved use in relation to the goods covered by the UK registration (namely ‘Sports cars’); |

|  |  |
| --- | --- |
| — | The evidence submitted by Mr Busbridge was wholly inadequate to prove use that was ‘genuine’ as required by Art. 57 (2) and (3) of Regulation no 207/2009. |

---

[Top](#document1)