Judgment of the General Court (Seventh Chamber) of 21 November 2013 —
Recaro v OHIM — Certino Mode (RECARO)
(Case T‑524/12)
Community trade mark — Revocation proceedings — Community word mark RECARO — Genuine use of the mark — Article 15(1), second subparagraph, (a) of Regulation (EC) No 207/2009 — Nature of the use of the mark — Admissibility of new evidence — Article 76(2) of Regulation No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009
1. Community trade mark — Surrender, revocation and invalidity — Examination of the application — 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), second subpara., (a), and 51(1)(a); Commission Regulation No 2868/95, Art. 1, Rules 22(2), and 40(5)) (see paras 18‑21, 24, 25, 31, 41)
2. Community trade mark — Surrender, revocation and invalidity –Grounds of revocation — Absence of genuine use of a trade mark — Word mark RECARO (Council Regulation No 207/2009, Arts 15(1), second subpara., (a), and 51(1)(a)) (see paras 25‑28, 38, 42‑45, 48‑50, 53‑55)
3. Community trade mark — Appeals procedure — Action brought against a decision by the Cancellation Division of OHIM — Examination by the Board of Appeal — Scope — Facts and evidence not produced in support of the opposition within the period prescribed for that purpose — Taking into account — Discretion of the Board of Appeal — Scope (Council Regulation No 207/2009, Art. 76(2); Commission Regulation No 2868/95, Art. 1, Rule 50(1)) (see paras 59‑65)
4. Community trade mark — Procedural provisions — Statement of reasons for decisions — Article 75, first sentence, of Regulation No 207/2009 — Scope identical to that of Article 296 TFEU (Art. 296 TFEU; Council Regulation No 207/2009, Art. 75, first sentence) (see para. 70)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 6 September 2012 (Case R 1761/2011‑1) relating to revocation proceedings between Recaro Beteiligungs-GmbH and Certino Mode SL. |
Operative part
The Court:
2. | | Orders Recaro Holding GmbH to pay the costs. |