CELEX: 62009TJ0028
Language: en
Date: 2011-01-13 00:00:00
Title: Judgment of the General Court (Sixth Chamber) of 13 January 2011. # Mo-Hwa Park v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Revocation proceedings - Figurative Community mark PINE TREE - Genuine use of the mark - Articles 50(1)(a) and 55(1)(a) of Regulation (EC) No 40/04 (now Articles 51(1)(a) and 56(1)(a) of Regulation (EC) No 207/2009). # Case T-28/09.

Judgment of the General Court (Sixth Chamber) of 13 January 2011 – Park v OHIM – Bae (PINE TREE)
      (Case T-28/09)
      Community trade mark – Revocation proceedings – Figurative Community mark PINE TREE – Genuine use of the mark – Articles 50(1)(a) and 55(1)(a) of Regulation (EC) No 40/94 (now Articles 51(1)(a) and 56(1)(a) of Regulation (EC) No 207/2009)
      1.                     Community 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 (Council Regulation No 40/94, Art. 43(2) and (3)) (see paras
            82-85)
      2.                     Community trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the
            earlier mark – Genuine use – Concept – Determination of a minimal quantitative use threshold – Not included (Council Regulation
            No 40/94, Art. 43(2) and (3)) (see para. 86)
      3.                     Community trade mark – Surrender, revocation and invalidity – Causes of revocation – Absence of genuine use of a trade mark
            (Council Regulation No 40/94, Art. 50(1)(a)) (see paras 89-96)
      Re:
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 13 November 2008 (Case R 1882/2007-4) concerning
                  revocation proceedings between Mr Mo-Hwa Park and Mr Chong-Yun Bae.
               
            Information relating to the case 
      
               Registered Community trade mark of which cancellation sought:
            
            
               Figurative mark PINE TREE for goods in Class 28 – Community trade mark No 318857)
            
         
               Proprietor of the Community trade mark:
            
            
               Mr Chong-Yun Bae
            
         
               Party requesting cancellation of the Community trade mark:
            
            
               Mr Mo-Hwa Park
            
         
               Decision of the Cancellation Division:
            
            
               Declaration of revocation of the Community trade mark concerned
            
         
               Decision of the Board of Appeal:
            
            
               Annulment of the contested decision and rejection of the application for a declaration of revocation of the trade mark concerned
            
         
      Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Mr Mo-Hwa Park to pay the costs.