Judgment of the General Court (Fourth Chamber) of 23 October 2015 —
I Castellani v OHIM — Chomarat (Representation of a circle)
(Case T‑137/14)
Community trade mark — Revocation procedure — Figurative mark representing a circle — Genuine use of a mark — Extent of use — Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009 — Shape which differs by elements which do not alter the distinctive character of the mark — Rights of the defence — Article 75 of Regulation No 207/2009
1. Community trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Review of the lawfulness of decisions of the Boards of Appeal — Re-examination of the facts in the light of evidence not previously submitted before OHIM bodies — Exclusion (Council Regulation No 207/2009, Art. 65) (see para. 15)
2. Community trade mark — Appeals procedure — Appeal brought against a decision of a unit of the Office ruling at first instance and referred to the Board of Appeal — Functional continuity between those two bodies — Examination of the appeal by the Board of Appeal — Scope (Council Regulation No 207/2009, Art. 64(1)) (see paras 23, 24)
3. 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), and 51(1)(a); Commission Regulation No 2868/95, Art. 1, Rules 22(3), and 40(5)) (see paras 32-38)
4. Community trade mark — Surrender, revocation and invalidity — Causes of revocation — Absence of genuine use of a trade mark — Figurative mark representing a circle (Council Regulation No 207/2009, Arts 15(1), and 51(1)(a)) (see paras 46-49, 51-54)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 13 December 2013 (Case R 1001/2012-2), relating to revocation proceedings between Compagnie Chomarat and I Castellani Srl. |
Operative part
The Court:
2. | | Orders I Castellani Srl to pay the costs. |